What is a drainage easement?
A drainage easement gives a public or private party the right to direct stormwater across, through, or under part of your property.
Drainage easements are common in subdivisions and urban areas where natural water flow has been altered by development. They let municipalities, developers, or neighbors manage stormwater through pipes, swales, ditches, or natural channels.
These easements usually restrict what you can build inside the drainage corridor. You may not be allowed to fill the swale, install a pool, or construct a building that blocks the designed flow of water.
Before buying a property with a drainage easement, check the recorded document for the easement's dimensions, permitted uses, and maintenance responsibilities. Flooding and drainage disputes can be expensive to fix after the fact.
What to look for
- The recorded drainage easement document and its dimensions.
- Whether the easement covers pipes, open swales, or natural channels.
- Maintenance responsibilities for clearing debris and vegetation.
- Restrictions on filling, fencing, or building inside the corridor.
Related terms
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
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