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What is an easement?


An easement is a right to use land owned by another party for a specific purpose.

Easements provide Storm Water Services with permission from property owners to come onto their property and repair drainage problems and perform on-going maintenance.

There are two types of easements for drainage purposes:

Men working.

A Storm Drainage Easement is a document executed by a property owner and recorded with the Register of Deeds conveying to the City (or another public entity) the right to access a specific portion of the property for the purpose of repairing and maintaining a storm drainage system.

A Public Drainage Easement is the area denoted on the survey or recorded plat showing where storm water runoff must be allowed to flow across the property, either through open ditches or through an underground pipe system.

A sinkhole.

In some instances, a public drainage easement may be similar to road right-of-way in that it is considered an offer of dedication that can be accepted by the public entity for adoption and incorporation into the public drainage system. It is the general practice of Storm Water Services to acknowledge this acceptance by obtaining a Storm Drainage Easement.

With a public drainage easement, the flow of water cannot be blocked in any way.  In general, buildings or walls are not allowed in a public drainage easement. 

What's NOT permitted in a storm drainage easement?

  • Trees planted over storm water pipes
  • Tennis courts or swimming pools
  • Dams or anything that might block the flow of water
  • Walls or structures made of brick or block
  • Sheds or other buildings

Services inside a storm drainage easement

Storm Water Services does:

  • Remove fallen trees and large debris from creeks when those obstructions create a qualifying drainage problem
  • Clean storm drain pipes, catch basins and culverts
  • Repair or replace broken storm drainage pipes
  • Control severe creek bank erosion when necessary to protect water quality and adjacent properties
  • Repair sinkholes that occur over a drainage pipe system

Storm Water Services does not:

  • Clean up sticks, leaves or debris left on private property after heavy rain or flooding
  • Repair or replace private property that is damaged by storm water runoff or flooding. Examples include air conditioners, heating units, fences, gardens, lawns, shrubs, mail boxes, and dog houses
  • Clear out incidental debris from creeks and drainage ditches such as trash, leaves, grass clippings or small tree branches
  • Clear cut vegetation from creek banks as part of routine maintenance
  • Mow a storm drainage easement on private property
  • Re-grade or re-seed a storm drainage easement after a project's warranty period
Watch a video about easements.  This video specifically refers to Charlotte.  Procedures used by the six Towns and Mecklenburg County are similar but may not be identical to the City's.