Legal Definitions - eaves-drip

Eaves-drip refers to two related concepts in property law:

• First, it describes the physical phenomenon of water dripping from the eaves (the part of a roof that overhangs the wall) of a building onto an adjacent piece of land.
• Second, it can refer to a specific legal right, known as an easement, which grants a property owner permission to allow water to drip from their roof onto a neighboring property. This easement legally protects the property owner from claims of trespass or damage caused by the dripping water.

Here are some examples illustrating the concept of eaves-drip:

• Imagine a newly constructed garage built very close to the property line. During a heavy rainstorm, water from the garage's roof edge consistently drips onto the flowerbed of the neighboring property, creating small indentations in the soil and potentially damaging the plants. This scenario demonstrates the physical act of eaves-drip, where water from one property's structure falls onto another's.

• Consider two historic homes in an urban area that were built over a century ago. The roof of House A has always extended slightly over the property line, and its rainwater has naturally dripped onto a narrow strip of land belonging to House B. When House B was sold, the new owner discovered a clause in the property deeds, an easement, explicitly granting House A the right of eaves-drip onto that specific portion of House B's land. This legal agreement prevents the new owner of House B from demanding that House A alter its roof to stop the dripping, as the right is legally established.

• A large commercial building has a significant roof overhang that extends over a public pedestrian walkway. After a downpour, large volumes of water consistently drip from the roof onto the sidewalk, creating puddles and a slipping hazard for pedestrians. In this case, the physical act of eaves-drip is occurring. However, without a specific easement or permission from the city to allow water to drip onto public property in a way that creates a hazard, the building owner might be required to install gutters or other drainage solutions to prevent the water from dripping directly onto the walkway.