Legal Definitions - drainage rights

Drainage rights refer to a property owner's legal entitlement concerning the natural movement and flow of water across their land.

This concept acknowledges that water, such as rainwater or surface runoff, naturally travels across properties based on topography. Drainage rights protect a landowner's interest in this natural flow, meaning they generally have the right to receive natural drainage from uphill properties and to allow water to naturally flow onto downhill properties, without unreasonable obstruction or alteration by others that causes harm.

Here are some examples to illustrate this concept:

• Example 1: Residential Property Alterations

  Imagine a homeowner, Sarah, whose property is situated at the bottom of a gentle slope. For years, rainwater has naturally flowed from her uphill neighbor, Mark's, yard, across a specific part of Sarah's lawn, and into a public storm drain. Mark decides to extensively re-landscape his backyard, installing a large patio and a new retaining wall that significantly alters the natural slope. As a result, instead of the water dispersing naturally, it now channels into a concentrated stream directly towards Sarah's house, causing her basement to flood during heavy rains.

  This illustrates drainage rights because Sarah has a legal interest in the natural flow of water from Mark's property. Mark's alterations have unreasonably changed this natural flow, infringing upon Sarah's drainage rights by causing damage to her property.

• Example 2: Agricultural Land and New Development

  A farmer, Mr. Henderson, owns a large field adjacent to a newly constructed shopping center. Historically, rainwater from the area where the shopping center now stands would naturally spread out and flow across a wide section of Mr. Henderson's field, eventually draining into a nearby creek without causing issues. The developers of the shopping center, however, installed extensive paved parking lots and a storm drain system that collects all the runoff and discharges it through a single, large pipe directly onto a narrow strip of Mr. Henderson's field. This concentrated discharge now causes severe erosion and makes that part of his field unusable for crops.

  Mr. Henderson's drainage rights are being violated here. While his land naturally received some water, the shopping center's development has drastically altered the natural volume and pattern of water flow, concentrating it in a way that causes unreasonable harm to his property.

• Example 3: Commercial Properties and Boundary Disputes

  Consider two adjacent commercial properties in an urban area. Property A has a loading dock and paved area that naturally slopes towards Property B. For decades, rainwater from Property A would naturally flow across a small, unpaved strip on Property B and then into a public storm sewer. The owner of Property B decides to erect a new, solid fence directly on the property line and installs a concrete curb along its base, completely blocking the natural flow of water from Property A. Now, after every rain, water pools significantly on Property A's loading dock area, making it difficult for trucks to access and causing potential structural damage.

  In this scenario, Property A's drainage rights are being infringed. The owner of Property B has obstructed the established and natural flow of water from Property A, preventing it from draining properly and causing a nuisance and potential damage.