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Private drainage easement

Drainage easements on private property 2026

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The document is a Private Drainage Easement Agreement between Grantor(s) and Grantee, granting the Grantee the perpetual right to construct, operate, and maintain a drainage ditch on the Grantor(s)' property in Chesapeake, Virginia. The agreement outlines the responsibilities for maintenance, inspection rights for the Grantee, and conditions under which the easement may be accepted for public use.

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Click ‘Get Form’ to open the Private Drainage Easement Agreement in the editor.
Begin by entering the date of the agreement at the top of the form. This is crucial for establishing the timeline of the easement.
Fill in the names of the Grantor(s) and Grantee, along with their respective addresses. Ensure accuracy as this identifies all parties involved.
In the section regarding consideration, confirm that you acknowledge receipt of One Dollar ($1.00) and any other valuable considerations.
Specify the location of the drainage ditch or structure, including details about its placement within Chesapeake, Virginia, and reference Exhibit A for clarity.
Provide information about previous deeds related to this property, including dates and deed book references to establish ownership history.
Complete any additional fields regarding maintenance responsibilities and rights of inspection as outlined in the agreement.
Finally, ensure all parties sign and date where indicated, including notarization if required for legal validity.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Who is responsible for drainage ditches?

Private drainage and erosion issues, as well as ground water issues, are the responsibility of the property owner. Drainage directed from gutters, downspouts or other private systems to neighboring properties is a civil matter between the property owners.

What are the rules for drainage easement?

The property owner must keep the easement clear of all obstructions and ensure that the stormwater conveyance is not hindered by plantings, fences, buildings, leaves, litter, or other obstructions. The easement must be kept in a state that allows for adequate access and inspection.

Who is responsible for maintaining drainage ditches in NC?

The Public Works Department maintains storm drains in public rights-of-way. Property owners are responsible for maintaining storm drains and structures on private property. My neighbors runoff floods my yard!

Can you put a driveway over a drainage easement?

Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

What is considered improper drainage?

Minor puddles and pooling water are normal after heavy rainfall. However, if they dont dry out after a day or two or if they crop up after minor rainfall it could be a sign that your soil isnt draining as it should. Aside from harming your grass, standing water can attract pests (specifically, mosquitoes).

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Who owns the drainage easement on my property?

This agreement will remain tied to your property deed and will be transferred to any future owners. Youll still own the land and pay taxes on it. Youre only giving specific rights to government authorities. It can only be taken away if the government violates the agreement or willingly surrenders the easement.

What is the drainage law in North Carolina?

The General Law in North Carolina states that the person on the lower estate must receive and pass the water from the higher estate(s).