Legal Question in Real Estate Law in Indiana

drainage easement on our property

My husband and I built our house 2 years ago. Three months after moving in, 1/2 of our backyard flooded. We called the public works department in our town and they advised us to look at our survey because a good part of our property is considered a ''drainage easement''. Sure enough we pulled out the survey and it showed us as having a 75 foot easement behind us, as well as 10 feet on each side of our house. The survey we were provided with prior to closing showed no easement - just a 100 foot x 200 foot lot. The one showing the easement was given to us after we closed. The town has helped us with the water problem in the past two years, however, my husband and I are still wondering why the builder didn't let us know about the drainage easement. I'm sure we would not have built our house here if we had known the truth. What does a drainage easement on your property mean? Do we own a 100 x 200 foot lot or only a 80 x 124 foot lot? Is there anything we can do about being deceived by our builder and the realtor involved or is it too late? We did have a lawyer represent us at closing....isn't this something he should have noticed? Thank you for any help.


Asked on 12/23/03, 1:38 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: drainage easement on our property

If you bought the lot from the builder/developer, then you may have an action back against him, your attorney and the title company (or the seller if it wasn't the builder/developer) for damages for misrepresentation, or reduction of the value of your property. The easement means you can use all of the property, but you cannot landscape so that other properties don't drain onto you.

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Answered on 12/24/03, 10:17 am


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