The Storm Drain Easement That Was Way Too Long

[@donmulder8061]

We lived in a subdivision where there were several county culverts under the road and along the road. The developer bought the large parcel, subdivided it under a subdivision plat and assigned drainage easements around each structure. Our state has minimum easement widths for government owned structures like pipes and so a few of those easements crossed property lines which were already on the plat. The effect was minimal. The county owned the structures, the easements were drawn based on minimum lengths required for the size of those structures, and the easement language was clear: the county was the dominant easement holder for the express purpose of installing, maintaining, inspecting, repairing and replacing those structures and the land owner was responsible for landscaping with building restrictions within the easements. No problem at all except for the last lot to sell. It sold a few years after all the others and so when those new neighbors got into their new house, they had a few neighbors who had become accustomed to entering their lot to play and even ran their own drainage lines into their lot under the ground unbeknownst to them. The long term residents saw that vacant lot with an easement as "public land." Of course it wasnt. The easement stated the title owner retained all ownership rights except those specifically encumbered by the easement. But the minds of neighbors who grew into having a county easement on vacant land was a long hard fight. They won it by fencing it off and calling the sheriff a few times. But it did end finally but it was costly in terms of money and stress for the couple who thought they had a stress free home, survey and all.

[@dixonshaun]

One of the reasons "intent" is so emphasized in land surveying.