Full question:
I have a drainage easement that runs next to my house property, the easement strip has been cut off because a block wall had been built for a condo complex at least ten years ago. There is a chain link fence that actually runs from the corner of the rear corner of my house to the block wall. How do I claim the property so I can build a block wall to secure my property?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Arizona
Answer:
An easement is a portion of land that has been set-aside for a specific purpose. The easement is secured when it is recorded on the land records, thereby putting the public on notice of the rights created therein.
The terms of the easement in most cases will contain the remedies available to the person who benefits from the easement when it is violated.
Many easements contain language for notice to be given to the grantor of the easement that the easement is being violated. Then if the notice does not lead to a resolution, the grantee may bring an action at law or in equity to enforce the easement. This may include an injunction against those who are violating the easement, a claim for damages and/or a claim for restoration of the property.
Improper care of a drainage easement can cause damage to properties. A drainage easement may have a storm water line buried beneath it or it may be the intended pathway for surface water to flow. Some drainage easements have streams running through them all the time and some only have water after a rain. Some drainage easements are also intended to detain water after a rain to avoid flooding of other areas.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
