Ohio Drainage Easement
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How to fill out Drainage Easement?
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FAQ
Ohio 'drainage law' consists of court precedent set through past civil litigation establishing doctrine for how court cases are decided. In general, one is obliged to pass along and receive water as it naturally flows.
If you are downstream of anyone, as most of us are, Ohio law states that you must accept the water flowing from the higher land through a natural drainage channel. Below you will find some good rules of thumb: Do not increase the rate of flow or volume of runoff. Do not redirect or concentrate the flow of runoff.
Water occurring in underground channels that can be determined is subject to the same rules as for surface streams. Percolating underground waters are governed by three rules. Ohio has in general followed the English Rule of the absolute right of property owner to the water underlying this property.
Each possessor is legally privileged to make a reasonable use of his/her land, even though the flow of surface waters is altered thereby and causes some harm to others. He incurs liability only when his harmful interference with flow of the surface water is unreasonable.?
Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration.
That law has changed over the years, and Ohio now abides by a law of ?reasonable use. ? The reasonable use doctrine allows a landowner to drain surface water from the property, but only to the point that it is ?reasonable. ? If the drainage becomes unreasonable, the landowner could be liable for the resulting harm.
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.