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 designated portion of land for a specific purpose, and it is recorded in land records to inform the public of the rights related to it. Typically, the easement's terms outline the remedies available if it is violated. Most easements require notice to the property owner when a violation occurs. If the issue isn't resolved after notice, the easement holder may take legal action to enforce their rights. This could involve seeking an injunction against the violation, claiming damages, or requesting restoration of the property.
Improper management of a drainage easement can result in property damage. Drainage easements may contain buried stormwater lines or serve as pathways for surface water. Some may have continuous streams, while others only carry water after rainfall. They can also be designed to hold water temporarily to prevent flooding in 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.