Stormwater Drainage Easements
What are storm drainage easements?
An easement is a right granted from a property owner to another for a specific use of a portion of the owner's land. Utility operators (stormwater, gas, electric, sewer, etc.) often have easements for the purpose of installing and maintaining their utility lines and structures. As with most utility easements, storm drainage easements are permanent and run with the land (i.e., as well as survive and sustain any sale of the property). Storm drainage easements generally require the property owner to give up certain rights, such as building or installing of temporary or permanent structures (additions, play equipment, decks, certain types of fences, etc.) within the easement to allow for proper function of the system and unimpeded maintenance access.
Who maintains the storm drainage easement?
Property owners are responsible for routine grounds maintenance such as grass mowing and trash or debris removal, and should ensure that systems are kept free of yard waste such as grass clippings, tree trimmings and leaves that may block the flow of water. Trees, shrubs and other growth in easements belong to and are maintained by the property owner. As described to all individual locations, the described entity, Home Owner’s Associations or the Municipality maintains the drainage system and structures within the easement to allow for proper function of the system.
How do I know if there is a storm drainage easement on my property?
Storm drainage easements may be shown on a property plan you received when you purchased your home. In addition, easements are recorded in the office of the Cumberland County Recorder of Deeds.
