Stormwater drain blocked

Status
Not open for further replies.

thc1

New Member
We are one of about 5 properties that share a private dirt road as the only access to each individuals property. The road runs along a lake shore line. Along one side of the road is a small drainage ditch with a culvert that goes under the road and sends rainwater back into the lake. This has been in place for about 40 years and serves to keep the road in good repair. The rain water run-off crosses the edge of a homeowners property before it returns to the lake. Recently, the new owner of this property installed a landscape berm alongside the road on his property and plugged up the under road drain culvert. The water now floods the road causing conditions such that even UPS etc will not deliver until the road dries out. Speaking with the property owner, he states it is not his problem and shows no interest in a solution. What are our options
 
We are one of about 5 properties that share a private dirt road as the only access to each individuals property. The road runs along a lake shore line. Along one side of the road is a small drainage ditch with a culvert that goes under the road and sends rainwater back into the lake. This has been in place for about 40 years and serves to keep the road in good repair. The rain water run-off crosses the edge of a homeowners property before it returns to the lake. Recently, the new owner of this property installed a landscape berm alongside the road on his property and plugged up the under road drain culvert. The water now floods the road causing conditions such that even UPS etc will not deliver until the road dries out. Speaking with the property owner, he states it is not his problem and shows no interest in a solution. What are our options



The road is privately owned.

But, are all of equal owners?

Who holds the title to the road?

Then you need to discover who is required to maintain the road.

Are the homes part of a Home Owners Association?

The road is a private road, but who maintains it?

Do the property owners have access to the road by an easement in their deed?

Once you know the answers to those questions, that will tell you where to direct your complaints.

Be advised, that he could be correct.

There may be no legal remedy, as property owners are generally not required to seek permission to most things they do to their property.
 
Last edited:
The road is privately owned.

But, are all of equal owners?

Who holds the title to the road?

Then you need to discover who is required to maintain the road.

Are the homes part of a Home Owners Association?

The road is a private road, but who maintains it?

Do the property owners have access to the road by an easement in their deed?

Once you know the answers to those questions, that will tell you where to direct your complaints.

Be advised, that he could be correct.

There may be no legal remedy, as property owners are generally not required to seek permission to most things they do to their property.
The road is private and property owners are required to maintain based on covenants in closing documents.
property owners have access by easement in their deed
there is no HOA
all are equal owners
 
The road is private and property owners are required to maintain based on covenants in closing documents.
property owners have access by easement in their deed
there is no HOA
all are equal owners




You might be able to sue him if his property upgrades impact your right to use the easement.

You would sue to compel him to make his repairs so as not to affect the easement by restricting the water runoff.

The four impacted homeowners should agree to sue jointly.

Speak with an attorney in your area.
 
Status
Not open for further replies.
Back
Top