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Maine Alliance for Road Associations

Are drainage easements required for road rebuild ?

  • 29 Aug 2025 3:42 PM
    Message # 13536800

    We are reviewing an engineer's report on proposed work on our road.

    Bringing the road up to a reliable standard will require raising it so that rainfall that now flows down the middle of the road will be shed into a ditch. All work will take place within the 25 foot wide easement.

    The engineer suggests obtaining "drainage easements fro affected landowners. Would that be necessary for the necessary ditching?

    Thank you. 

  • 30 Aug 2025 1:50 PM
    Reply # 13537028 on 13536800
    Anonymous member (Administrator)

    If all work really is to take place within the bounds of the already designated easement, then there should be no "affected landowners." You already have an easement.  However, 25 feet does not leave you a lot of room to work with.  If the slope is going to encroach on anyone's lawn, or if people do not realize the extent of the right of way and have planted their lawn to the edge of the traveled way, or if water will run from the ditch onto anyone's land, or if you need to replace culverts under driveways, then it would be wise to try to get a drainage easement.  If someone is unwilling to grant you such an easement, then you know you have to be extra-careful not to affect their land.

    We had one situation where we discovered it appeared a culvert under a side road had been intentionally blocked with a boulder when a house was built, so as to avoid having water run where the contractor would then need to put a culvert under the driveway.  Then the person's driveway used to flood every year.  When they told us they were going to have a culvert installed under their driveway, we told them about the blocked culvert, and they happily took care of that at the same time to help solve their flooding problem.

    But not everyone is that cooperative!  Contrary to the belief that "It's easier to ask for forgiveness than to get permission," you will need to get along with your neighbors in the future.  It's better to ask politely than to make assumptions or bully your way through and end up with festering resentments.

    Does anyone else have experience with this?

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