My question involves real estate located in the State of: Ohio
Assumptions:
1) continuous easement runs about 40 ft from and along neighboring homes along the bottom of a slope.
2) easement at home #1 is not draining to sewer drain at the end of home #2
3) home #2 has NOT added or changed anything to the property in or near the location of the easement
4) There is an HOA
5) it has been suggested that the cause of the drainage issue is a grade or gradient issue (by the HOA)
6) because home #2 has never made any changes near the drainage easement, the presumption is that the grade issue arises naturally (e.g. erosion or other natural occurence)
Is it the legal responsibility of a homeowner to correct any natural change in grade that causes an obstruction to a servitude? or is it the responsibility of the city (easement owner)?
I searched this topic and could not find any cases that are directly on point. Is this a gray area?
My argument: The city and it's licensed civil engineers developed the easement. Such "professional" development should account for all natural scenarios. Who should bear the risk of a failure of grading? Or who is in the best (or better?) position to account for such issues? A professional engineer or a standard homeowner.
I suppose that no one can predict natural disruption of grading. Is it an issue of who should bear the risk? If so, why should the homeowner bear that risk?
It seems to me that there should also be some sort of policy consideration. If a homeowner wants to purchase a home with a professionally developed easement that is owned by the city, the homeowner find apprehension due to fears that the city didn't consider all possible issues and the homeowner will be on the hook for doing nothing but cutting the grass every week.
I did a find a case where the homeowner improved a French drain and did not maintain the improvement leading to a failure of the French drain. Because the homeowner made the improvement they were responsible for the improvement. That outcome makes sense.
Is the law around my issue well-established or unclear? Any suggestions.
Assumptions:
1) continuous easement runs about 40 ft from and along neighboring homes along the bottom of a slope.
2) easement at home #1 is not draining to sewer drain at the end of home #2
3) home #2 has NOT added or changed anything to the property in or near the location of the easement
4) There is an HOA
5) it has been suggested that the cause of the drainage issue is a grade or gradient issue (by the HOA)
6) because home #2 has never made any changes near the drainage easement, the presumption is that the grade issue arises naturally (e.g. erosion or other natural occurence)
Is it the legal responsibility of a homeowner to correct any natural change in grade that causes an obstruction to a servitude? or is it the responsibility of the city (easement owner)?
I searched this topic and could not find any cases that are directly on point. Is this a gray area?
My argument: The city and it's licensed civil engineers developed the easement. Such "professional" development should account for all natural scenarios. Who should bear the risk of a failure of grading? Or who is in the best (or better?) position to account for such issues? A professional engineer or a standard homeowner.
I suppose that no one can predict natural disruption of grading. Is it an issue of who should bear the risk? If so, why should the homeowner bear that risk?
It seems to me that there should also be some sort of policy consideration. If a homeowner wants to purchase a home with a professionally developed easement that is owned by the city, the homeowner find apprehension due to fears that the city didn't consider all possible issues and the homeowner will be on the hook for doing nothing but cutting the grass every week.
I did a find a case where the homeowner improved a French drain and did not maintain the improvement leading to a failure of the French drain. Because the homeowner made the improvement they were responsible for the improvement. That outcome makes sense.
Is the law around my issue well-established or unclear? Any suggestions.
Is Homeowner Responsible for Natural Grade Change That Affects Drainage Easement
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