Easement Question

August 10, 2009
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Posted By Tri Podita on 8/10/2009 at 9:36 AM

Here is the scenario:

A developer had 60 acres of land and subdivided about 30 acres of into 20 lots from 1950 through 1960. As part of the subdivision, he granted a drainage easement to the town for a drainage ditch, and a deed for the easement was recorded.

The easement is 30 feet wide, with bearings and distances on both sides (that close) and is tied to monuments that still exist. Thus the easements intended location can be established on the ground.

The ditch however, which was constructed at the time of the subdivision, is mostly outside of the easement. The town never has maintained it, so now it is a ditch running through the woods with trees growing in it and fallen across it.

My question is: Would the town have any rights to the actual location of the ditch? Obviously, I need to show the ditch on the survey, but is it an encroachment on the remaining 30 acres?

Thanks for your thoughts!

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