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Old 04-26-2013, 12:42 PM
 
Location: South Florida
2 posts, read 3,881 times
Reputation: 10

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We bought a little parcel of land with a ditch easement (Florida Department of transportation). The area with the ditch easement is on one side of the property, facing the public street. The area with the ditch easement includes a tiny little creek/canal (about 2 feet wide) connected to a bigger creek. The area if overgrown with plants - it's hard to see any water (but it's there).
I think we cannot put a fence up in this area because of the easement. We are concerned about liability issues. (What if a child/adult climbs down to the creek/canal and gets hurt or even drowns?) Is the easement holder responsible to secure the ditch area? Are we responsible?
I did some research online but couldn't find any helpful information.

I would be thankful for ANY information!!

Heike
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Old 05-05-2013, 02:34 PM
 
2,054 posts, read 3,316,270 times
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As far as I know, and this is based on a home we once owned w/ a similar situation, you are not responsible for anything that happens in the easement, unless of course it originates in your yard. You cannot put a sign there, a fence, a gate, etc. You can put it on the edge. We had a surveyor come and put the pins down so that we knew exactly where our property line was. Our easement (ditch) was full of bottles and crap, so I cleaned that up. No issues on that, but otherwise, consider it the DOT's land. Our home had a double lot, so I had easements on the front, back, and one side. Whenever I was mowing, I would go ahead and mow the easements as well because it looked better. I'm sure the DOT was fine w/ that

Usually the code enforcement people can tell you something. Usually.
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Old 05-06-2013, 09:59 AM
 
515 posts, read 1,341,453 times
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While the easement is there, the land is technically still owned by you. Therefore you will still face liability if something happens. You definitely have a defense and DOT will face liability too, but since its your property you share liability with DOT. You will face more liability if the person travels through your property prior to going into the easement.

You can put a fence around the easement as long as there is a way for it to be accessed (like a gate). Obviously the fence has to be constructed to comply with any county/city ordinances or HOA rules. Your best bet is to contact an attorney who specializes in real estate or eminent domain and get some advice on what to do.
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Old 06-02-2013, 02:47 PM
 
Location: South Florida
2 posts, read 3,881 times
Reputation: 10
Thanks so much for the answers even so they are contradicting each other...even a attorney might not be able to help me because it all depends I guess...
We will landscape the easement (no big trees etc - just little staff they could trample down if they ever come) Also, we will put a fence with a gate up at least on one side of the creek. Approx. 5 feet of other side of the creek belongs to us also, but is right next to our neighbors property who didn't even know that the 5 feet of "his" property belongs to us. If we put up a fence there, he would be really upset...but we might do it anyway (he wouldn't be the one being sued if something ever happens...)
Thanks again!
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Old 06-04-2013, 10:15 AM
 
16,376 posts, read 22,362,118 times
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i dont know if you are allowed to do any landscaping or fencing that would block the flow of water. Often these ditches are for storm water runnoff. Any landscaping will stop the flow and fences could stop the flow, depending on what type of fence and where you place it.

Sometimes workers come to clean out these ditches, once every few years. Sometimes it's Dept of corrections that sends offenders that require community service work. Sometimes they use equipt to grade the land/clear shrubs, so the flow of the water goes in the direction they want it to go.

You might check the rules with the agency that owns the easement. They might have a list of Dos and Don'ts on their web sites as far as what is allowed in easements.
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