What are my rights regarding a faulty drainage system on my property?

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What are my rights regarding a faulty drainage system on my property?

I own a piece of property that has a culvert to allow water runoff from the road and what not. For the most part it is covered under the ground and looks great.However, there is about a 30 foot stretch from the road to the beginning of the underground pipe that is exposed. The exposed part of the culvert is lined with rocks, but some of the water doesn’t drain down to the underground pipe like it should. Instead it soups up a small part of my yard. Is it my responsibility to fix this or do I have a right to make the community fix this? Do I have any other rights as a property owner where a community drainage system runs through my property?

Asked on January 12, 2012 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As the property owner of the property you are writing about, you have the right and obligation to protect your property and make any and all repairs with respect to the culvert system that seems to be backing up as a result of improper drainage.

As to the presumed easement for the culvert and whose obligation it is to make repairs as to the culvert, you need to read the easement that burdens your property to see if property owner or owners who receive the benefit of the culvert have the obligations to make the repairs or not to it.

Your rights with respect to the community drainage system through your land is that you are entitled to use your property in any manner so that the presumed drainage easement culvert is not interfered with.

 


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