South Carolina  |  Real Estate Law

Legal Question

Asked on: 11/06/08, 11:01 am

property law pertaining to easements

A new neighbor cut down all trees,

graded and built up his property

causing himself drainage problems.

We now found out that an easement

exists on our property dealing with

water drainage. The city wants to dig

a 2 to 3 foot ditch across our

landscaped property to allow drainage

of the neighbor's property. This

would cause drainage problems for us

and for the the neighbor behind us.

We need to know our rights as

property owners. Can our property

be damaged in order to drain the

neighbor's self made water issues?

The natural flow of water would be to

place a culvert under the road. The

land naturally flows downward across

the road to a creek. The city does

not want to discuss a culvert going

under the road. What can we do to

protect our front yard from damage?

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