Drainage Easements and How They Affect Your Property

Whether you’re a landowner, a prospective buyer, or just curious about property ownership, drainage easements are one of those nitty gritty details to know about. 

This important infrastructure prevents flooding, protects your neighbors, and keeps water flowing smoothly. But what exactly are they? Why do they matter? And how might they affect land use and the value of your property?

In this article, we’re breaking it all down. By the end, you’ll have a clear idea of what drainage easements are, how they work, and why you shouldn’t ignore them when it comes to maintaining your property or planning new projects.

Contents

What is a Drainage Easement

Drainage Easement Examples

Responsible Parties

What to Consider Before Buying

Impact on Land Values

Easement Do’s and Don’t

What is a Drainage Easement

A drainage easement is a legal agreement that grants a third party entity, like a government agency or utility company, access to a property in order to maintain drainage infrastructure.

Most jurisdictions prohibit property owners from building structures that block the natural flow of water. This is known as the "natural flow rule," and landowners may be held responsible for any damage caused by changes they make to the water flow. Check local zoning codes and regulations to learn more about your specific area.

Drainage Easement Examples

The exact definition and rules around different types of easements vary between states and cities, but in general, here are typical examples of drainage easements that could impact your property:

• Stormwater Drainage Easement: Allow municipalities or utilities to install storm drains to direct rainwater through pipes, reducing flood risks.
• Water Ditch Drainage Easements: Permit access to private property for irrigation, drainage, or stormwater management.
• Piping Drainage Easements: Allows third-party entities to manage underground water flow to prevent flooding or damage.
• Channel Drainage Easements: Ensures water channels stay clear and functional, protecting properties from water damage.
• Bodies of Water as Drainage Easements: Regulatory agencies manage water bodies serving as drainage easements to control stormwater, prevent flooding, and protect the natural environment.
• Culvert Drainage Easements: Grants the right to access and maintain culverts, which channel water under roads, driveways, or other structures.

This infrastructure helps maintain natural water flow, prevent flooding, and protect water quality. Third-party agencies need an easement agreement to manage them and maintain functionality.

Who is Responsible For Maintaining Drainage Easements?

Government and utility agencies handle repairs and installations, while landowners are often responsible for routine maintenance of the infrastructure within the easement. The exact rules depend on local zoning laws and regulations.

Both agencies and landowners must fulfill their responsibilities to effectively control water flow, prevent damage, and reduce flooding risks.

For example, drainage easements usually require property owners to keep drainage ditches clear of leaves and debris to prevent clogging and water buildup. However, if erosion or damage occurs, the utility agency is then responsible for making the repairs.

What to Consider When Buying Land

Drainage easements may already be legally attached to a property when you purchase it and cannot be removed. When buying land, you’ll want to know if drainage easements affect land use and potential development plans. 

• Consider zoning laws, water rights, and building restrictions. Figure out your legal rights and obligations by connecting with real estate attorneys or local officials. 
• Consider the purpose of your land. For recreational or industrial use, drainage needs may vary. If the land is intended for farming, drainage management may require more time, effort, and cost to ensure proper flood control.
• Check with local utility companies, public works departments, or previous owners to determine if the property has drainage easements. Knowing these factors can help you avoid unexpected issues.

How Drainage Easements Impact Land Values

The effect of a drainage easement on land value depends on the property's intended use and the extent of the easement's restrictions. While they can limit development options or require additional maintenance for the landowner, they can also provide important protections that preserve the property's value over time.

For example, if a property has a retention pond that's maintained through a drainage easement with a local municipality, this reduces the risk of flooding for the property and surrounding neighborhood. This added protection can make the property more appealing to buyers, as it lowers potential costs related to flood damage and may reduce the need for additional flood insurance.

On the other hand, prospective buyers may view more restrictive easements as a burden due to legal obligations, maintenance responsibilities, or development plans.

Poorly maintained easements can also affect a property’s value if proper maintenance is not sustained. If a previous owner neglected the easement, the new owner will be responsible for fixing it. 

Drainage Easements: Landowner Do’s and Don’ts

Regulations and restrictions can vary significantly between states and local jurisdictions when it comes to drainage easements. Reviewing local regulations will be your best guide on do’s and don'ts, but here are some good rules of thumb:  

DO:

• Maintain a safe environment: Landscaping and forming routine check-up habits to keep the easement area clean, safe, and easy to access is your role as the landowner. 
• Form a thorough legal understanding: Each drainage easement agreement is unique. We recommend checking local zoning laws, consulting real estate attorneys, or contacting utility companies if you need more information about your property’s drainage easements. 

DON’T:

• Restrict access: Blocking or obstructing easy access is a potential violation of an easement and can become a legal problem if ignored.
• Make assumptions: If you do not fully understand the purpose of the easement, the development restrictions regarding it, or your responsibilities as the property owner, do not jump into a project without consulting a professional. 

Final Thoughts

Understanding drainage easements is crucial for property owners, as they can impact land use, project planning, and potentially even the value of a property.

While they can seem like an inconvenience, they serve an important role in protecting both your property and the surrounding area. Whether you're buying, selling, or developing land, it's important to recognize the existence of these easements and ensure that you're in compliance with local regulations.