My question involves real estate located in the State of: Florida
We recently purchased a parcel in the southwest of Florida. It is a 5.5 acre lot located inside of a small city. There is a small swale that begins on one side of our property and ends by emptying in a drainage ditch on the other side. The lot has been vacant since the city was first developed but there are is a small neighborhood that was built around it in the last 10 years.
I have paid the title company to research to see if there are any easements, right of ways or filed maps showing any of the above. There are none. All filed maps show no easements.
The city is directing their storm water from multiple houses and road ways to the end of a culvert on Irondale road that dumps directly onto our property at the beginning of the swale.
The city has entered our property in the past (prior to our ownership) and significantly increased the size and depth of the swale with the use of heavy equipment within that last few years. There are piles of rubble on each bank that shows recent excavation. This has lowered the bottom of the swale to almost the water level of the drainage easement on the backside of our property.
This has created significant water retention and backflow onto our property from the waste water dumping on the property as well as the drainage easement on the back side back flowing onto our property. During rain the storm water that they are directing on our property has created a running stream through our property to over 1' deep and when it is not raining significant standing pools of water within the swale. This makes the back half of our 5.5 acre lot inaccessible.
We also have unwelcome wildlife making use of this backflow (a large alligator). As we have small children and a dog.
I contacted the city department of public works shortly after our purchase of the property in March of 2017. They researched the city easements and right of way books, agreed that the city has no easements and then let me know he would begin working with the city engineering department on how to direct the storm water around our property. After many months of not hearing (other than the engineering department was still working on it) I was put into contact with the assistant public works director.
I was finally setup with a conference call with the head of the department of Public Works and they agreed that the city holds no easement or right of way or our property. They did however find an unrecorded and unfiled map by General Development showing a proposed drainage swale through our property. Because they found this "proposed map" (30+ years old) they would continue to discharge the waste water through the center of our property. They also advised me that it would be unlawful for me to obstruct the swale to prevent their use of my property. They did mention that at my own expense I could redirect the drainage around my property but they would not do so. I again requested that they redirect the water away from my property but they refused to do so.
I have contacted the surveyor who researched and found a copy of the map that they might be referring to. It is entitled "Paving and Drainage Plan for the 37th Add. the P.C.S. by General Development Engineering, Corp. It shows a proposed swale through our lot but there is no easement. It ALSO shows what waste water being directed around our property adjacent to the road, which is NOT being done.
The surveyor also mentioned of a few other similar instances that he has encountered with developers and the city using the lots for waste water retention with no easements but that were originally made by the General Development Corp. The city remediated these lots and redirected the water flow after pressure from the developers at the cities cost.
Does the city have a right to use my property without my permission, and with no easements or right of ways to discharge waste water. In other words does the city have a right by prescription to continue to use my property because they have does so for the last however many years?
Many Thanks!
We recently purchased a parcel in the southwest of Florida. It is a 5.5 acre lot located inside of a small city. There is a small swale that begins on one side of our property and ends by emptying in a drainage ditch on the other side. The lot has been vacant since the city was first developed but there are is a small neighborhood that was built around it in the last 10 years.
I have paid the title company to research to see if there are any easements, right of ways or filed maps showing any of the above. There are none. All filed maps show no easements.
The city is directing their storm water from multiple houses and road ways to the end of a culvert on Irondale road that dumps directly onto our property at the beginning of the swale.
The city has entered our property in the past (prior to our ownership) and significantly increased the size and depth of the swale with the use of heavy equipment within that last few years. There are piles of rubble on each bank that shows recent excavation. This has lowered the bottom of the swale to almost the water level of the drainage easement on the backside of our property.
This has created significant water retention and backflow onto our property from the waste water dumping on the property as well as the drainage easement on the back side back flowing onto our property. During rain the storm water that they are directing on our property has created a running stream through our property to over 1' deep and when it is not raining significant standing pools of water within the swale. This makes the back half of our 5.5 acre lot inaccessible.
We also have unwelcome wildlife making use of this backflow (a large alligator). As we have small children and a dog.
I contacted the city department of public works shortly after our purchase of the property in March of 2017. They researched the city easements and right of way books, agreed that the city has no easements and then let me know he would begin working with the city engineering department on how to direct the storm water around our property. After many months of not hearing (other than the engineering department was still working on it) I was put into contact with the assistant public works director.
I was finally setup with a conference call with the head of the department of Public Works and they agreed that the city holds no easement or right of way or our property. They did however find an unrecorded and unfiled map by General Development showing a proposed drainage swale through our property. Because they found this "proposed map" (30+ years old) they would continue to discharge the waste water through the center of our property. They also advised me that it would be unlawful for me to obstruct the swale to prevent their use of my property. They did mention that at my own expense I could redirect the drainage around my property but they would not do so. I again requested that they redirect the water away from my property but they refused to do so.
I have contacted the surveyor who researched and found a copy of the map that they might be referring to. It is entitled "Paving and Drainage Plan for the 37th Add. the P.C.S. by General Development Engineering, Corp. It shows a proposed swale through our lot but there is no easement. It ALSO shows what waste water being directed around our property adjacent to the road, which is NOT being done.
The surveyor also mentioned of a few other similar instances that he has encountered with developers and the city using the lots for waste water retention with no easements but that were originally made by the General Development Corp. The city remediated these lots and redirected the water flow after pressure from the developers at the cities cost.
Does the city have a right to use my property without my permission, and with no easements or right of ways to discharge waste water. In other words does the city have a right by prescription to continue to use my property because they have does so for the last however many years?
Many Thanks!
Water Runoff: Local City Using Private Swale for Neighborhood Drainage with No Easement or Row
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