Referencing the above pic, a lot I have surveyed had a storm drainage system installed to protect the house behind it from drainage issues which occurred during constrution of the Skyecroft house. The drainage system runs across the line between the 2 subdivisions. My lot (in Chatelaine) has a 15' drainage and utility easement along all rear lot lines and the adjoining subdivision(in Skyecroft) has a 20' drainage and utility easement along all rear lines. These are seperate subdivisions and not different phases of the same subdivision.
Are the easements exclusive to the respective subdivisions or can a drainage system make use of the two easements and cross the subdivision line?
Easements as referenced:
Skyecroft (northern adjoiner in pic):
Chatelaine (my lot):
My gut says no because you can't (common law) direct water across lines unless that is where it has traditionally gone. And, if it had always gone there, a problem may not have existed for 'your lot' in the first place (except in higher rains with improperly designed, or non-existent, detention facilities o.O
To the books: I advise you check the covenants/ master covenants recorded for the subdivision. My experience tells me you will find the beneficiaries of all platted easements, therein.
Typically, that is the developer. Then, passed to the HOA.
Later,
It is a good plan if the original drainage was designed to handle what you are adding to it. If not, somebody will have a possible claim for damages.
There is a lot of red tape to get past to change natural flow.
It would depend on who the drainage easements are granted to. Many drainage easements are public. In these Cases, it doesn't matter What Sub It Is in. If the easements are private then it will.
It depends. How often is that the answer?
Do the two drainage easements basically follow the pre-existing drainage path for that area? Are both drainage easements for the use of the municipality and would this have been a condition to get the subdivision plats approved?