A Drainage Easement is a legally binding agreement between two or more parties granting one party (the easement holder) the right to use a piece of land (the serving estate) for the purpose of draining surface or subsurface water. The easement holder is responsible for the construction, maintenance, and repair of the drainage works, and must ensure that the works do not interfere with the serving estate or the rights of any other party. There are two primary types of Drainage Easement: surface water drainage easements and subsurface water drainage easements. Surface water drainage easements allow the easement holder to divert and/or convey surface water from the serving estate, while subsurface water drainage easements allow the easement holder to construct and maintain works for the purpose of draining subsurface water. Both types of drainage easements are intended to protect the serving estate from flooding, erosion, and similar problems caused by excessive water accumulation.
Drainage Easement
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FAQ
In the State of Georgia, a permit is required to own, operate or construct a Category I dam. An application must be filled out in order to obtain a permit.
The General Law in North Carolina states that the person on the lower estate must receive and pass the water from the higher estate(s).
One is called the "common enemy rule." Under this rule, drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors.
It holds that since surface water is a "common enemy" to landowners, each landowner has the right to alter the drainage pattern of his land (for example by building dikes or drainage channels) without regard for the effects on neighboring parcels, as long as that water flows to where it otherwise would have naturally
Drainage easements are in place to allow maintenance personnel/equipment access to various components of the cities drainage infrastructure.
The Civil Law rule ?imposes a right and a duty upon every landowner to receive water naturally flowing onto his land from that of his neighbor.? (Mallard vs Pye, 215 Ga.
Although the state of Georgia does not own waterways on or adjacent to private land, it has the power to regulate the use of the water. Non-navigable waters are not considered to be held in public trust.
A property owner with a drainage easement is restricted from erecting both temporary (such as a shed) and permanent structures (such as a driveway) within the easement area. Such structures can reduce the efficiency of drainage and increase the possibility of flooding.