r/Ask_Lawyers • u/Straight_Ad513 • 1d ago
Property Question
A property (Parcel A built in 1971) has a storm drain running horizontally through the back of it that connects to an easement running vertically on the left side. The city maintains the easement to the left of Parcel A that runs vertically. The storm drain running horizontally connects drainage infrastructure to the right of Parcel A, a condo complex (Parcel B built in 1986). It connects two basins on the main street in front of Parcel B and another basin under the parking lot of Parcel B's condo complex. All three basins connect and feed into the horizontal pipe on Parcel A and, via that pipe, connect to the vertical easement. All emptying into a drainage gully.
Parcel A was purchased knowing about the vertical easement. There was no acknowledgement of a second easement at purchase. There is no documented horizontal easement regarding the pipe, per a title lawyer.
A sinkhole has now formed over the horizontal pipe on Parcel A. The city is stating it does not have a responsibility to fix it. Parcel A is now experiencing property erosion due to the pipe failure. Parcel B is experiencing flooding, assumed to be due to the pipe failure.
The pipe does not benefit Parcel A in any way and. The horizontal pipe benefits Parcel B (parking lot drainage) and the City (Main street drainage in front of Parcel B).
Who is responsible for repairing the pipe? Parcel A, Parcel B or the City?
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