My town is passing water from a town storm drain that is in front of my house. the water runs into a pipe that empties into my stream and then travels onto another property. The town does not have an easement to my property. Do I have a right to deny the town the right to use my property for this? Is this a trespass? Can the town use my property based on the law of adverse possession since this has been going on longer than 10 yrs?
1 Answer from Attorneys
If the question is whether New Castle needs an easement for water to travel down hill, the answer is no. But perhaps that's not the question.