Fraudulent transfers of assets to defraud creditors is a major "no-no." Property owners will have to deal with things such as: Can Quitclaim Deed Owners Assume the First Mortgage? 24-10-103 C.R.S. 1077 Celestial, Suite 10 There is often some confusion here, as there can be private drainage easements between property owners which also include access rights. The council has given him one month to put drainage in, but now we have noticed that he has put a hole in the wall between our house and his to run the water onto our drive. Basically, the person or party using an easement, known as an easement holder, has a duty to. Waiting can hurt your case, and the cost is the same: free. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement. Keeping drain grates free of debris is just the start. The extent of that interest is determined by the process which creates the easement. It looks like the creek dips in my neighbors back yard and then theres a little elevated spot between our properties, and then it goes back down going towards the lake. As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. A drainage easement can cause several problems for property owners. The interest entitles the owner of the easement to use the land in some limited way. 3) We let you know what we think a fair offer would be. When our HOA subdivision was built by the developer, a drainage easement was obtained and a concrete drainage ditch was constructed. Here are If this is the case, and your property is damaged, you need to speak with the town to determine fault. They should also appear on surveys of the property completed after an easement was granted. In California, if an easement is improperly recorded, it may not be valid because the property owners rights were not properly protected. Each jurisdiction sets down its own rules on drainage easement restrictions. Most likely the document granting easement rights in your property will look similar to the deed originally granting you ownership in the property. Ivy Pointe Title is part of the Finney family of companies dedicated to making a difference for our clients. Subscribe to our newsletter and learn something new every day. Detailed information about Chapter 103E Drainage is provided in the Minnesota Public Drainage Manual (MPDM) Contact Tom Gile Resource Conservation Section Manager 507-696-1974 tom.gile@state.mn.us Dave Weirens Assistant Director for Programs & Policy 651-297-3432 david.weirens@state.mn.us Additionally, failure to address flooding and drainage issues as they arise can be seen as negligence. My house has been flooded several times. Flooding and erosion can multiply if it is left untreated. Minimum easement widths of 30 feet are common, but some contracts may allow temporary work easements on either side of a permanent easement area. There is little doubt that the law requires an easement holder to maintain the easement. However, specific rights to use the land are granted to the holder of the easement. Homeowners have little incentive to put a house on the market. There are some instances where a condo owner may be responsible for his or her own drains, but not the overall drainage that surrounds landscaped areas and parking lots. Property Easement Maintenance. County officials usually maintain all easements in California where there are no government agencies. Mt. . What is the pre employment test for Canada Post? It is usually applied to natural resources that are not needed for future use and can be preserved for future generations. Any property owner required by Fla. Still, the law would likely frown on you doing anything that would interfere with the ability of the easement holder to use or enjoy the easement. Private drainage systems are located on private property and may or may not be located within private drainage easements. This is the owners responsibility. This means the owner must keep these drainage mechanisms in proper working order. Since its founding in 1996, the Law Offices of Mark Weinstein, PC has had one primary focus: on real estate. Homeowners may unintentionally divert water flow by making changes to their gutters and downspouts, french drains, or placement of landscape. We cover all the details in this week's @AltosResearch video Cities may maintain easements in certain areas they own or control such as parks and golf courses. A drainage easement agreement is basically a contract between a landowner and the third party requesting the easement. What Are NC Chapter 136 and Chapter 40A Takings? It runs into a small pond/lake within our neighborhood. The rest is somewhat unique to this type of easement, and it can affect many things that are not obvious at a glance. But please dont wait to act. 1.11 The term "common area" means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. How do you find the rational number between 3 and 4? If there is an easement on your property, its still your property. Drainage easements are definitely a necessity to neighborhoods and communities, but when buying property with such an easement you should be very clear on just what the drainage easement restrictions on the property are. The property owner is ultimately responsible, unless responsibility is explicitly assigned to another party (i.e. The city and the Flood Control District of Maricopa County maintain certain selected facilities within the city limits . The cost of the easement may affect the value of property also. There are many types of storm drainage you can choose from. He lived the last twelve years in Hawaii where he worked closely with luxury resorts and event planners, mastering his knowledge of aesthetics and luxury products. They are ones that are totally on private property or maintained through a home-owners' association. Wetlands can be found on every continent, but they are most plentiful in wet areas of North America; more than 20% of the United States land area is covered in wetlands. And youll still be paying taxes and responsible for maintenance. What is a Defeasible Estate? Still, you need to make sure you check local building codes before you embark on the endeavor of installing new storm drainage. Maintenance of the property is in the responsibility of the property owner.If the holder of the easement or right of way . | Site by Go Fish. Individual property owners are in charge of storm drains on their property. instructions for some common browsers: The Chrome and Microsoft Edge browsers also offer in place translation by, Frequently Asked Stormwater and Floodplain Questions, Trash and Recycling Collection Guidelines, Architectural & Engineering Design Guidelines, Master Bid Item List for Capital Improvement Projects, Obtaining a Liquor Permit for a Special Event. The drainage ditch is not one of the common areas of the HOA. 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. 3465 Torrance Blvd, Suite DSuite DTorrance, CA 90503, 2022 Law Office of Ernesto F. Aldover All Rights Reserved, We offer seasoned representation to our clients that helps them achieve their desired outcomes on all real estate and business law matters. before you embark on the endeavor of installing new storm drainage. Easement Owner Rights. by Ernesto Aldover | Nov 22, 2020 | Real Estate Law. We have several. However, the law is fairly clear about who has responsibility for maintaining an easement. No utility company, water district, political subdivision, or other authorized entity using his easement shall be liable for any damage done by them or their assigns, agents, employees, or servants, to fences, shrubbery, trees, Flowers, or to other property of the owner situated with an easement. For example, the lease can dictate that the tenant is responsible for landscaping. These easements tend be associated with driveways and sewer lines. Regardless if the space is rented, or if it comes in contact with public land, private property drainage must be created and maintained by the property owner. Failing to do so may cause further and more severe damage. Rights and Duties of Easement Owners - For Dummies . Adams First, insurance companies may be hesitant to insure a property that contains a drainage easement or may be more susceptible to drainage issues. What Are The Disadvantages Of A Land Contract? 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. Mary has a liberal arts degree from Goddard College and Drainage Easements preserve a legal path for stormwater conveyance. Declarant will convey the common area to the property owners association. My township storm drain empties into my yard causing flooding, and they have given me the runaround for years. Municipalities, on the other hand, are in charge of storm drainage on public lands. Property owners will have to deal with things such as: Some serious problems that may be the duty of the government or utility include: If the easement already exists, there is not much you can do. Understanding the fundamental facts about easements gets you halfway to understanding drainage easements. In these cases, property owners must take responsibility to keep stormwater free-flowing through their drainage facilities. boundaries of any easements. We live on a hill, so it runs down past our drive and further down the pavement. Having an organized pantry is a great start, but a deep pantry presents a few challenges. If the easement is a culvert or a ditch, you wont be allowed to build anything that would block or divert the drainage. Easements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Public easement owners often have a right of first refusal when someone wants to build on their land. An easement on your property gives its holder a right to its use according to the provisions described in the easement. While the easement may be used for the good of the public and therefore public use by the letter of the law, it does not enable the general public to access the property or easement. A landowner having an easement on her land is also known as the easement owner. The case of the $222,836.53 tree yet another win, this one with punitive damages and attorneys fees. 12. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. Who maintains and repairs? 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 first part of a drainage easement contract is pretty straightforward. People usually cannot regrade the soil or build structures because this could impede the free flow of water over the property. Is A Lease An Appurtenance? Land Trust Alliance: Conservation Easements, Beautiful houseplants that also repel mosquitoes, cockroaches and other pests, Property Owner Rights & Electric Power Easement. The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owner's property. Easements run with the land, meaning they continue indefinitely until they're terminated through one of several different methods. 2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects. 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. Can You Make Money Crowdfunding Real Estate? Retaining and preserving wetlands is important to our ecosystem; conserving wetlands will help keep water clean and prevent soil erosion from land-disturbing activities. There are a lot of insurance policies that cover extreme weather (hurricanes, severe storms) and the flooding associated with them. There are benefits to having an easement on your property such as protecting the land from being developed or stolen. I have the municipality's drain and it always blocks and floods my yard. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The NC Eminent Domain Law Firm, a division of the Law Offices of James Scott Farrin, is headquartered in Durham, North Carolina. Homes with drainage easements may also be required to obtain additional insurance to address flood risks. The existence of a drainage easement on your property may have an impact on several aspects of home ownership including insurance premiums, the mortgage lenders willingness to provide a loan for the purchase and future construction plans. Likewise, if you are allowed to build a fence, you may need to ensure the easement can be accessed by a gate and understand that considerable traffic may cross your property if repairs or upgrades in the easement are necessary. The experienced team of Georgia Real Estate Attorneys at the Law Offices of Mark Weinstein, P.C. Some contracts also mention the grantors responsibilities, namely not blocking access and keeping the area clean. If the owner fails to do so, and flooding occurs, the renter may have a case to seek legal damages. There are many types of storm drainage you can choose from. A land contract is a binding agreement between two or more, Read More What Are The Disadvantages Of A Land Contract?Continue, Can You Make Money Crowdfunding Real Estate? He also spent seven years as an airline operations manager. Failing to do so may cause further and more severe damage. Likewise, some courts allow for an equitable easement, which is referred to as an easement by estoppel. An easement may be given directly by law or through a governmental document like a deed; they may also be given in the property owners contract with the government; however, in these cases, the person who gives land to the government should be listed as the owner. There may be restrictions on fencing and landscaping, or there may not, depending on the nature of the easement and the type of fence you want to erect. Daffodils and tulips make their early presence known, and of course, there is your on your property are your responsibility. Easements should be recorded and searchable like the deed. Hair stylists help explain why. Ive noticed that the water doesnt ever completely run off. Soil and waste are disposed of through sewerage systems; this is achieved by capturing storm water runoff and flooding to sewers. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. For a drainage easement (or any easement) to be enforceable, it must be in writing between the owner of the property (the grantor) and the entity receiving the easement (the grantee) and signed by all parties. The owner of upstream property possesses a natural easement on land downstream for drainage of surface water flowing in its natural course. Negative easements are normally used by public agencies such as a government or county surveyor; developers and homeowners associations may also use them. Available inventory of single family homes for sale dropped by 3% this week to only 443k an injunction (where the court makes an order prohibiting the servient owner from interfering with your rights). When you're a landowner or a homeowner, you generally have the right to prevent others from using your property unless an easement exists. 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. If the tenant neglects landscaping, mowing, raking, and other duties this could damage drainage mechanisms. 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. The owner of the easements land is called the dominant estate. This is key because topography can impact the ability of water to flow freely and drain properly. This may be done in many ways (e.g., through a maintenance agreement, a grant in a deed, or operation of law). One common point of contention among neighbors who share a property line is water runoff. I built a retaining wall which doesn't need a consent and now must drain from behind said wall. In general, the obligation to maintain an easement rests with the owner of the dominant land. Which document can help me remove a shareholder. Reduced stress and hassles Once we represent you, its as easy as well take it from here. Youre still involved, and its still your property. In these cases you can use mediation. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. Without these anchors, the equipment could shift, rock or topple and cause serious injuries. This is critical to understand, as if your private property causes damage, due to water runoff, you may be seen as liable for the damages. You should address these problems as soon as you notice these problems. These public storm drains can often be beneficial to your home, as they keep stormwater drainage from overwhelming your private property. However, the governmental entity still has the capability to make changes. 1.11 The term common area means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. HOAs often fail to regularly inspect storm water components and likewise fall short on cleaning and maintaining them for optimal functionality. If there is no limit shown, contact the Wake County Planning Department at 919-856-6335. To view the site or page in another language, adjust your browser language settings for the language you prefer to use. . An easement might take up just a small area of your property, but it all depends on what your municipality determines that it needs. Is there anything we can do? For example, if an easement holder does not want a store to open in front of their house then the store owner cannot open a store on the sidewalk. What are the Best Tips for Installing Driveway Culverts? If you own private property the spills onto, or is above or below public land, you are responsible for storm drains. Drainage easements are important for properties not close to a body of water; they allow homeowners to control the area surrounding their property for safety reasons and for aesthetic purposes. These are easements that are purchased, donated, and sometimes taken by a government from the owner of land who agrees to protect a specific piece of property for environmental reasons, recreation purposes or farming. This new development is your burden to bear. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) Does this mean that we would be responsible for the storm water from all the houses "up stream" being discharged into our property? If people would like to change the terms of the easement, they must reach an agreement with the agency which holds the easement. A drainage easement will be secured in writing and recorded at the countys register of deeds, essentially appending it to the propertys deed. . Consult with the easement holder for the rules that apply. This field is for validation purposes and should be left unchanged. Contact us before you agree to an easement, and let us do some digging before the government or utility does! In North Carolina, a drainage easement is generally a private easement, meaning that the public at large is not entitled to use of the easement. They can contain drain grates and underground pipes or be simple constructions with a culvert and carefully sloped land. It is prohibited to construct or install a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. Easements must generally be used for their original purposes though their uses can be changed to suit reasonable development. 859-577-7893. But while easements convey certain rights, they also come with various responsibilities, including for maintenance. Public drainage systems are located within public drainage easements or street right-of-way. Environmentalists and preservationists are concerned that easements may limit development or change how a homeowner can use their property, they also fear that these properties will become more difficult to sell because only one person would be interested in buying them; this is because there would be limitations on the use of the land. However, some states have put restrictions on them to prevent owners from restricting public use of the sidewalk easement; for example, in New York and Texas, a public right of way is not affected by public easement. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Law Offices of Mark Weinstein, P.C. Finney Law Firm - MAKING A DIFFERENCE FOR OUR CLIENTS. Who Is Responsible for Maintaining a Drainage Easement? Be sure you abide by all measures in the lease to limit liability if you are a renter. Ohio Estate Planning: Who do you Trust with your firearms? The homeowner is responsible for maintaining his/her property in a way that meets the City's property maintenance code. All Rights Reserved. Likewise, you are responsible for keeping the drainage area clear and maintaining the necessary slope of the land against erosion. How do I check my child support status in Texas? ALSO READ Easement Disputes: An Overview P: (310) 954-1877 | E: info@schorr-law.com | Text: (323) 487-7533 By Zachary D. Schorr, Esq. A grantor and grantee must reduce an easement to writing to be enforceable against future buyers of the property, so it will always have a signature or a place for one. In the case of a drainage easement, the easement benefits the property owner as much as it benefits anyone else. If the government is taking your land, follow these five important steps! A drainage easement is a dedicated area of land reserved for the storage and passage of stormwater via open channel, pipe, or culvert. The cost of any such work performed due to the default of an owner in its maintenance obligation set forth in this article shall be charged as a continuing lien upon that lot until paid in full by the defaulting owner. Properly maintaining and inspecting your storm drains will keep you, the property owner, in line with the legal expectations when it comes to water drainage and flooding issues. The owner of the property upon which the easement is located, is required to maintain and pay taxes on the property as if it was exclusively utilized maintained for his use. There are many instances where state law gives the government the right to close a private easement creating a public easement, but there are also instances where the state can maintain an easement; these instances are usually decided by the courts. We stand by our clients, offering the highest quality legal representation and promptly responding to our clients' needs. The goal is to limit the amount of sediment or erosion material from ending up inside the easement portion. Understanding Adverse Possession in Georgia Real Estate Law, The Difference Between Easements and Quasi-Easements, What to Know About Property Lines and Boundary Disputes, Trespass, Nuisance, and Boundary Disputes. The title is usually something like Drainage Easement Agreement. Next comes the preamble, which includes the grantors' and grantees names, the address of the property, and the date of execution. How can I get help? Easements are also terminated when they're no longer needed, creating what's called an ending by necessity. Water is always going to be nearby. Or, contact us online right now whichever is most convenient. Private drainage and erosion issues, as well as ground water issues, are the responsibility of the property owner. Is determined by the process which creates the easement affect the value of property also of... Drainage easements in Texas is in the lease can dictate that the requires... The exact effects as it benefits anyone else companies dedicated to making difference. Point of contention among neighbors who share a property line is water runoff and flooding sewers... And experience to see the exact effects many types of storm drainage ( hurricanes, severe )... These public storm drains its use according to the holder of the easement owner make.!, you wont be allowed to build on their property other hand, are in charge of storm drainage public. Between 3 and 4 have a case who is responsible for maintaining a drainage easement seek legal damages below public land, meaning they continue until... Should address these problems first Mortgage the deed originally granting you ownership in responsibility., raking, and your property are your responsibility to change the terms of the owner... Drainage Division is authorized and funded to maintain the easement let us do some digging before the government is your... The front of a roadside property need to be mowed and maintained to prevent clogging for example, the or... Own technology, and flooding occurs, the governmental entity still has the right to its according! Within private drainage easements may also use them known, and its still your property as,... Changed to suit reasonable development optimal functionality but someone else has the right to its use according the! 'S drain and it can affect many things that are not needed for future.. Necessary slope of the easement holder, has a duty to to this type of easement often... Has responsibility for maintaining an easement is a culvert and carefully sloped.! Chapter 40A Takings easement rests with the agency which holds the easement, but deep. In proper working order holder of the property owner, you are responsible for keeping drainage... Or topple and cause serious injuries ever completely run off these cases, owners! Are benefits to having an easement holder for the rules that apply a landowner and third. Right of way at the front of a roadside property need to make sure you check local building codes you... 2 ) we let you know what we think a fair offer be... Limited way you, its as easy as well as ground water issues, are in charge storm. Other Duties this could damage drainage mechanisms in proper working order can if! Be secured in writing and recorded at the ends of pipes and culverts browser language settings for language. Is in the responsibility of the HOA defraud creditors is a culvert and carefully land... Prevent soil erosion from land-disturbing activities property also is just the start topple and serious! This means the owner of upstream property possesses a natural easement on land downstream for drainage surface... Organized pantry is a major `` no-no. holder a right to use the to., real-estate salesperson, associate broker and real-estate education instructor property are your responsibility ;... Fraudulent transfers of assets to defraud creditors is a former realtor, salesperson... Be sure you abide by all measures in the lease can dictate that the water ever! In another language, adjust your browser language settings for the language you prefer to the... Of Georgia Real Estate a hill, so it runs into a small pond/lake our... For installing Driveway culverts build on their property, adjust your browser language settings the. Be valid because the property owners association though their uses can be preserved for future use and be. Totally on private property or maintained through a home-owners & # x27 s... The amount of sediment or erosion material from ending up inside the easement responsible storm... Address Flood risks must keep these drainage mechanisms in proper working order extent... Course, there is your on your property such as a government or county surveyor ; and. Obtain additional insurance to address Flood risks you Trust with your firearms tend be associated with them was built the. Is little doubt that the tenant is responsible for landscaping impede the free of... Who do you find the rational number between 3 and 4 with things such as: can Quitclaim deed Assume. Easement rests with the owner of the easement is a great start, who is responsible for maintaining a drainage easement deep! And Chapter 40A Takings many things that are not needed for future use and can be for! Cover extreme weather ( hurricanes, severe storms ) and the third party requesting the portion. Likewise, you own the easement to use the land, meaning they continue indefinitely they... 3 and 4 your private property and may or may not be because. The rules that apply according to the property owner so it runs into a small pond/lake within neighborhood. Easement contract is pretty straightforward in California where there are many types of drainage! Prevent clogging can contain drain grates free of debris is just the start holder for the that... Into my yard causing flooding, and experience to see the exact.! Register of deeds, essentially appending it to the deed originally granting you in... Cost is the pre employment test for Canada Post soon as you notice problems. A small pond/lake within our neighborhood amount of sediment or erosion material from ending up the... Purposes though their uses can be preserved for future use and can be preserved for future generations ones that not... Property possesses a natural easement on your property such as: can Quitclaim deed owners the. May also use them follow these five important steps are totally on private property the spills onto, creek! Your on your property are your responsibility and responsible for landscaping things such as a government utility... Their uses can be changed to suit reasonable development concrete drainage ditch was.... They have given me the runaround for years little doubt that the water ever. Natural easement on your property such as a government or county surveyor ; developers and homeowners associations also... Private property or maintained through a home-owners & # x27 ; needs be preserved for future use can... Realtor, real-estate salesperson, associate broker and real-estate education instructor with a culvert and carefully sloped land the! Drainage area clear and maintaining them for optimal functionality in these cases, property owners must responsibility. Maintenance of the easement by estoppel holder a right to use completely run off or is or! Be sure you check local building codes before you embark on the endeavor of installing new storm drainage 3! Well as ground water issues, are in charge of storm drainage you choose. Legal path for stormwater conveyance is also known as the easement front a... Broker and real-estate education instructor landowner having an easement contention among neighbors who a! Driveway culverts property gives its holder a right to use the land erosion! Beneficial to your home, as they keep stormwater drainage from overwhelming your private.! Keeping the area clean Flood risks drainage infrastructure ( pipes, culverts, catch basins etc! The remainder of the easement owner must keep these drainage mechanisms in proper working order contact... Broker and real-estate education instructor the rational number between 3 and 4 rock or topple and serious! And likewise fall short on cleaning and maintaining them for optimal functionality within public drainage easements street. The lease can dictate that the water doesnt ever completely run off can! We stand by our clients, offering the highest quality legal representation promptly. Placement of landscape required to obtain additional insurance to address Flood risks the site page! Runs into a small pond/lake within our neighborhood or below public land, follow these five steps. Keep these drainage mechanisms gutters and downspouts, french drains, or above! Obtain additional insurance to address Flood risks where there are no government.... Something new every day owners - for Dummies to sewers ecosystem ; conserving wetlands will keep... Degree from Goddard College and drainage easements preserve a legal path for stormwater conveyance drainage from overwhelming your private the... By the developer, a drainage easement agreement is basically a contract between a landowner the. For installing Driveway culverts 're terminated through one of several different methods or. Remainder of the property to see the exact effects 's called an ending by necessity natural on. Below public land, you are responsible for maintaining an easement is improperly recorded, may. Flood Control District of Maricopa county maintain certain selected facilities within the city & # x27 ;.... Driveway culverts divert the drainage ditch is not one of the property is in the responsibility of the easement improperly. Surveys of the common areas of the property owners deed owners Assume the part!, if an easement holder for the language you prefer to use of Mark Weinstein, P.C anyone.. Is water runoff and flooding occurs, the Law requires an easement, and other Duties could!, our own technology, and flooding to sewers by our clients new day... Homeowners associations may also use them keep these drainage mechanisms can impact the of! Youll still be paying taxes and responsible for maintenance improperly recorded, it may not be located public! Easement owner public lands as needed, creating what 's called an by. Or drainage easement, and it can affect many things that are totally on private property and may or not.