mardi 26 juillet 2016

Water Runoff: Drainage Ditch on Property Without Recorded Prescriptive Rights

My question involves real estate located in the State of: Colorado

Hi all,

I have a question. I am in process to purchase a property which is 2 acres of land. In front of the house there is a pretty big drainage ditch which I have no prior experience working with / knowledge about. The ditch is uncovered while the rest of it is piped in and buried on other properties / neighborhoods. I asked my realtor about the ditch and she called the drainage company which maintains it. This is what she sent me in an email:

"I called Drainage Company and they looked up the property and they don’t have any recorded prescriptive rights recorded for this property. The drainage company will work with the new owners and get one recorded after they survey and draw up the document."

So here is my question: If they don't have any "recorded prescriptive rights" does this mean I could legally have it removed from the property or maybe even somehow force a deal that they would pipe it up and bury it? Seems like somebody got lazy and placed it there illegally? Not sure what all this means.

Thanks!


Water Runoff: Drainage Ditch on Property Without Recorded Prescriptive Rights

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