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Updated about 3 years ago on . Most recent reply

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Lauren Seeley
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Drainage easement advice

Lauren Seeley
Posted

Hi all - I was about to close on a single family home on a canal and days before closing I found out from the surveyor that there is a 12’ drainage easement on the land. It runs under the driveway, under the house (starting about 4 Ft from the edge of the house), under the concrete of the pool, the tiki hut and the boat dock. The survey we was able to see two other houses on the block that have similar drainage easements.

I don’t really understand how the house could have been built on top of the easement in the first place. 


Should I continue this deal? Will this impact my long term property value? What are the questions I should ask the city attorney? 

Appreciate all advice!

Lauren

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Peter Walther
  • Specialist
  • Winter Springs, FL
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Peter Walther
  • Specialist
  • Winter Springs, FL
Replied

I believe that the owner of the burdened property is able to use it in any way that does not impede the easement holder's use of the property for its intended purpose.  I suspect the easement holder agreed to have the drainage run through a buried culvert rather than through an open ditch.

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