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I'm looking at buying a house in a housing development (that has an HOA) where a large part of the backyard (which is totally fenced) is on a drainage easement. It's about 20 ft x 60 ft. The other houses on my side of the street also have a 20ft easement that runs to the back edges of their yards as well.
Although I don't plan to build on that space, I don't want an ugly 'plain lawn' of a backyard. I'd like to put in several large trees and shrubs, as well as raised beds for a vegetable garden--using brick or stone to create the perimeters of the beds--and pave-stone paths to create some 'zones.' (I want raised bed because I like to grow everything organically; I don't know what kinds of chemicals that my neighbors might be using on their yards.)
Can you see any conflicts with this usage and having a large area that is part of an easement?
Just don't put in anything that hinders the purpose of the easement or you couldn't stand to lose/see torn up if repairs or upgrades to the easement have to be made.
Yep, with a drainage easement, that typically gives your municipality the right to destroy anything you put there.
Exactly. Doesn't mean that they will, but if you happen to plant your prized roses or crepe myrtles in the easement, they have every right to rip them out if they see fit. I've seen it happen.
Check with the municipality and then verify what they say.
In newer developments the odds of any work ever needing to be done on sewers is very very low. It may be that is not for sewer and instead is for runoff management, and again there are probably no limits on non-permanent structures.
Thanks everyone for the feedback. I've asked the title company to check and see if it is for runoff not an actual sewer line that was put in. The easement runs from a few feet away from my house to the back of the property line. At that line, there is the backyard fence and then on the other side is my neighbor's yard. So, I don't know if they would run lines between lots in a development, but I'll find out in the next day or so.
A drainage easement is part of your developments stormwater runoff management. While placing plantings may not be explicitly prohibited, you may be opening yourself up to legal action from the neigbors if storm water issues arise.
You need to read the actual easement language. If it is a stormwater easement, it may prohibit you from changing the grade or adding any structures. This includes gardening beds as they could obstruct flow. Obstructing flow and backing water onto your neighbor's property could get you in legal trouble on top of that.
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