What Is a Drainage Easement?

A drainage easement is an attachment to a property deed which states that access to part of the property is given to a third party, usually a municipality, for the purpose of maintaining drainage. The drainage easement may include a culvert or drain which feeds into a drainage system or the easement may simply state that runoff needs to be allowed to flow freely over an area of the property. The easement cannot be lifted from the deed unless there are special circumstances, and it will be associated with the deed even when it is transferred or sold.

Easements in general are used to address cases in which someone other than the property owner needs the right to access the property, and the easement comes with the right to use, but not full ownership rights. Another common example of an easement is a road easement, in which part of a property is used for a shared or even public road and an easement protects the rights of others to use that road. Easements are drafted by lawyers who work with the property owner and the parties who need access to ensure that the document is accurate and fair.

In the case of a drainage easement, the easement benefits the property owner as much as it benefits anyone else. In order for a municipal drainage system to work effectively, the municipality needs to ensure that drainage easements are in place so that city workers can access private property in order to maintain and repair drainage areas. For example, if a culvert runs through a property, the drainage easement allows the city to replace it if it is damaged.

If the drainage system does not work properly, the property owner can be at risk of flooding and other problems. In exchange for allowing the municipality to access the property, the property owner gets to enjoy a property which drains freely, and knows that neighbors are also obliged to maintain their drainage easements to ensure that water intrusion will not occur along the property line.

When a drainage easement is in place, there are restrictions on how the easement area can be used. People usually cannot regrade the soil or build structures because this could impede the free flow of water over the property. If there is a culvert or pipe, trees cannot be planted over it, because their roots could block it, and people are expected to keep gratings clear so that the water can drain properly. If people would like to change the terms of the easement, they must reach an agreement with the agency which holds the easement.

The property owner is usually responsible for maintenance on a drain easement. Keeping drain grates free of debris is just the start. Specific maintenance tasks can vary, but these often include cutting grass, clearing away leaves, removing fallen tree limbs and cutting away other vegetation that could clog up the grates or otherwise block access.

Besides basic maintenance tasks, some municipalities have requirements for the soil around a drainage easement. If work being performed nearby would impact that soil, erosion control measures may be mandated. The goal is to limit the amount of sediment or erosion material from ending up inside the easement portion. Homeowners may also be asked to keep the existing topography. This is key because topography can impact the ability of water to flow freely and drain properly.

Each jurisdiction sets down its own rules on drainage easement restrictions. With that in mind, it’s worth reviewing a few common types of restrictions that appear in most municipal codes. Nearly all prohibit modifications inside an easement area that would impede the free flow of water. These can include some common types of property improvements:

Drainage easements can also impact a homeowner’s landscaping plans. Restrictions on construction and modifications inside an easement area also extend to planting trees or changing the slope of the land. Hardscaping may also be out of the question — paving stones, bricks, gravel, retaining walls, fountains, waterfalls, backyard ponds, garden bridges, and similar upgrades can also affect water flow and drainage.

Homeowners should also take care when it comes to home playground equipment. Swing sets, playsets, and slides need ground anchors to keep them sturdily in place. Without these anchors, the equipment could shift, rock or topple and cause serious injuries. Unfortunately, these can also cause you to run afoul of easement restrictions. Most municipalities’ rules address temporary yard additions that require serious time and effort to move if they limit or impede drainage.

Drainage easements can vary in size and location, depending on the property. Easement areas are generally near the perimeter — an edge of your backyard, for instance. They can contain drain grates and underground pipes or be simple constructions with a culvert and carefully sloped land.

An easement might take up just a small area of your property, but it all depends on what your municipality determines that it needs. Minimum easement widths of 30 feet are common, but some contracts may allow temporary work easements on either side of a permanent easement area.

A drainage easement agreement is basically a contract between a landowner and the third party requesting the easement. The landowner is usually referred to as the grantor, while the third party is the grantee. These contracts can be simple or complex, but they usually consist of a few important components.

The first part of a drainage easement contract is pretty straightforward. The title is usually something like “Drainage Easement Agreement.” Next comes the preamble, which includes the grantors' and grantee’s names, the address of the property, and the date of execution.

Language can vary from contract to contract, but it has a general format. You may see something like this: “This agreement is made this 12th day of August, 2018, by and between the City of Columbus, Ohio, a municipal corporation, and Tyrone Johnson, Owner, 1234 Any Street, Columbus, Ohio, 43213.”

An easement contract may include recitals. This section is optional, but it’s a useful element that can explain why the easement is needed. It could say something like, “The Grantors acknowledge that it is in their best interest to grant an easement for drainage purposes to the City of Columbus.”

The agreement portion of an easement contract details the type of easement being granted, plus the rights that come with it. This usually includes access to the easement area for maintenance, construction, repairs, and modifications. Some contracts also mention the grantor’s responsibilities, namely not blocking access and keeping the area clean.

Keep in mind that many drainage easement agreements are perpetual. In other words, there’s no time limit on the property access granted to the third party. These easements also “run with the land,” meaning that they’re attached to the property deed itself. When ownership transfers, so does the easement contract.

An accord concerning the dispensation of water is referred to as a drainage easement. This agreement is typically made between a landholder and a local authority or a different entity, enabling the entity to enter the land to oversee and regulate water movement. This includes the right to build and maintain ditches, pipes, or other drainage systems necessary for surface water or groundwater drainage. While the landholder maintains possession of the property, the entity holds the privilege to utilize the land for drainage purposes. 

Having a drainage easement can provide many benefits to a landowner. Granting a drainage easement can aid in safeguarding the land against water damage, such as flooding, which may result in expensive reparations. In addition, conferring a drainage easement can contribute to advancing the water quality within the region by minimizing runoff and pollutants that could infiltrate the water supply. Ultimately, it could act as a monetary benefit for the landowner, as they have the potential to receive compensation for allowing entry to their property. 

No, a drainage easement is not necessarily permanent. Whether the easement is permanent depends on the landowner's agreement with the organization. And if the deal is for a temporary easement, the organization must vacate the land after the period mentioned in the agreement. Who is Responsible for 

The body in charge of administering the drainage easement is the one that owns the drainage system. They are in charge of keeping the area clean and free of impediments and the drainage system in good operating condition. 

There are some risks that come with granting a drainage easement. It is possible for the land to suffer from erosion or flooding, and the entity may potentially exploit the land for purposes that differ from what was initially stipulated in the accord. Moreover, there are circumstances in which the landowner could be deemed responsible for any detrimental impact on the organization's property