A drainage easement in New Hampshire refers to a legal agreement between a property owner and a municipality or neighboring property owner, permitting the use or access to a specific portion of the property solely for the purpose of water drainage. It ensures the unobstructed flow of stormwater runoff or surface water to prevent flooding and property damage. Drainage easements are established to maintain the proper function of drainage systems and related infrastructures. In New Hampshire, there are several types of drainage easements commonly observed: 1. Surface Water Easement: This type of easement allows the flow of surface water across one property to another, ensuring the natural drainage pattern is maintained. It allows for rainwater or melted snow to run off the surface normally and prevents water accumulation. 2. Stormwater Easement: A stormwater easement is utilized for managing excess rainwater that can result from heavy rainfall or storms. This easement allows water to be collected, channeled, or stored on one property for a specific purpose, such as stormwater management ponds or detention basins. 3. Grading or Scale Easement: This type of easement permits the construction and maintenance of graded areas or sales on a property. It ensures the proper shaping and sloping of land to facilitate drainage by directing water away from buildings or low-lying areas. 4. Culvert or Pipeline Easement: Culvert or pipeline easements establish the right to place and maintain drainage structures like culverts or underground pipes on a property. These structures enable the flow of water across or under the property while minimizing potential disruptions to the land. New Hampshire's drainage easements are crucial for maintaining an efficient and sustainable drainage system. Property owners should be aware of any existing easements on their land before initiating construction or altering natural drainage patterns. Local government agencies or legal experts can provide guidance on understanding and preserving the rights and responsibilities associated with drainage easements in New Hampshire.
New Hampshire Drainage Easement
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FAQ
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.
For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.
Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.
Drainage Law in North Carolina is based on Common Law and court precedent. The law states that the person on the lower estate must receive and pass the water from the higher estate(s). Also, specific statutes prohibit the blockage of streams, drainageways and easements that remove water from higher elevations.
An easement is part of your land or property that the government or utility companies can access. A drainage easement can take the form of access to your drainage infrastructure, the right to access your property or properties, or both.
Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.