...Flowers a 100-foot-wide easement across their Spann Farm development. The "extent and purpose of [this] easement is to allow for the drainage of surface water from Flowers's property whereby such surface water will be allowed to follow the natural drainage channel on [the] Torrences' property. . . ." The settlement also called for Flowers to convey to the Torrences a sanitary-sewer easement across...portion of his property. Both the 100-foot surface-water-drainage easement and the sanitary-sewer easement were duly recorded in the Houston..., contemplated the effect surface-water drainage would have on the development of the 400-acre tract. Because these studies are not in the record we are unable to determine what conclusions these studies reached. The May 1991 surface-water-drainage easement is...

...any surface water drainage easement concerning his property. The trial court granted summary judgment on May 20, 1988, in favor of the City, based on res judicata. Mr. Karagan filed a motion to...argue the issue of whether the City has a prescriptive easement to control the surface water drainage ditch. Res judicata therefore bars this latter action...question. The Court of Civil Appeals held that Mr. Karagan was not entitled to fill it, in light of the evidence that filling the ditch would completely back up the drainage of water from the more...

...Flowers a 100-foot-wide easement across their Spann Farm development. The `extent and purpose of [this] easement is to allow for the drainage of surface water from Flowers's property whereby such surface water will be allowed to follow the natural drainage channel on [the] Torrences' property. . . .'[*] The settlement also called for Flowers to convey to the Torrences a sanitary-sewer easement across...portion of his property. Both the 100-foot surface-water-drainage easement and the sanitary-sewer easement were duly recorded in the Houston County Probate Office. It is undisputed that the parties...Subdivision. Flowers retained personal ownership of the remaining 93 acres of the eastern parcel and of the drainage easement. The 93-acre parcel lies to the east of Grove Park Subdivision, which lies to the east of Spann Farm Subdivision. The surface-water drainage...

..., surface-water drainage easement running diagonally across the entire length of the property. Hampton was aware of the drainage easement and...the Moseleys would not have purchased Lot 45 had they known of the drainage easement. The circuit court found the Moseleys were unaware at the time of purchase that there was an easement and did...was the agent of All Things Possible and exercised complete control over the actions of the corporation. The circuit court determined Hampton's fraudulent concealment of the drainage easement and his...

...Marsha Moseley. The lot is burdened by an underground, surface-water drainage easement running diagonally across the entire length of the...of the drainage easement. Additionally, a square was drawn on the plat, indicating where a home could be constructed. The parties...have stipulated as to the existence of the easement. While there is evidence that ATP supplied the falsified plat with...

...summary grant of a surface water drainage easement over its property to First Pacific Properties, Inc., an adjacent property owner. We affirm because the record supports an implied easement based on...Pacific's property prohibited the building of a proper storm water drainage system. The City of Spokane informed First Pacific that it could not construct a drainage system to the city's drains because the city storm water system was at capacity. Given all, First Pacific has established a reasonable necessity for the use of Nilkanth's drain for the removal of surface water. An easement by...surface water from First Pacific's parcel. First Pacific contacted an engineering company, GeoEngineers, to determine the feasibility of installing an onsite storm water drainage system. After drilling nine...

.... BROWN, J. Nilkanth, Inc. (owned by Mayur and Jane Doe Patel) appeals the trial court's summary grant of a surface water drainage easement over its property to...drainage system. The City of Spokane informed First Pacific that it could not construct a drainage system to the city's drains because the city storm water system was at capacity. Given all, First Pacific has established a reasonable necessity for the use of Nilkanth's drain for the removal of surface water. An easement by...joined as one. This water was not impeded and prior owners did not request that the flow of surface water be stopped. In March 2007, Nilkanth built a concrete fence along the...

...(the streets were built by tax bills against adjoining property) and a surface water drainage easement through the part of the park area conveyed by the sheriff's deed; the City, with its own funds...this condemned land and improvements of other streets in the area were made which did not conform to the street designations on the plat. Plaintiffs also gave the City a street construction easement..., constructed a concrete lined drainage ditch through the middle of the park area. No assessment for taxes was ever made against the Hays Park tract until after the sheriff's sale in 1958, the first...

....). Ordered that the order and judgment is affirmed, with costs. Contrary to the plaintiffs' contention, an easement for drainage of...surface water may be acquired by prescription ( see, Village of Schoharie v. Coons, 34 A.D.2d 701, 702...collect drainage. Thus, by the time the swale was constructed, the easement by prescription had ripened ( see, Village of Schoharie v. Coons, supra...

...specifically referred to a recorded plat in which the land in question was designated as "drainage area" and was designed for and was used by him for surface water drainage. Thornton alleged that he had a drainage easement on.... The trial court held that by purchasing his lot in the subdivision according to the recorded plant, Thornton acquired an express grant of an easement over the drainage area and that there was no...injury to Thornton's easement, the court denied Fairfield's application for a permanent injunction. The court also permanently enjoined Fairfield from developing or otherwise altering the drainage area...

...necessitated a change in the surface water drainage pattern. This specific condemnation proceeding was to take care of surface water drainage by providing a permanent easement to construct and maintain a...dam and drainage retention pond, and a temporary construction easement to build the dam and retention pond. Fountain's gasoline service station had been built on landfill placed...drainage easement behind Fountain's service station — which was accomplished by this condemnation action. The closing of the street — which defendant claims was the precipitating factor in the demise of...

.... Ordered that the judgment is affirmed, with costs. An easement for drainage of surface water may be acquired by prescription, under a claim of right, by means of the use of a ditch...defendant asserted as a defense that it had a prescriptive easement over a stated portion of the claimants' property, the defendant appeals from a judgment of the Court of Claims (Scuccimarra, J.), dated...; Town of Hamburg v Gervasi, 269 App Div 393). However, in order for such use of another's property to ripen into an easement by prescription, the party asserting the easement must make a...

...improvements terminated one to two miles northwest of plaintiff's property; 3) that his land was subject to a natural drainage easement of one and one half acres; 4) that the defendants' completed projects had resulted in an intentional and repeated increase in the volume of surface water flowing...past plaintiff's property"; 6) that the completion of defendants' future projects will result in a further intentional and repeated increase in the surface water flowing across plaintiff's land in excess of the natural drainage easement; 7...in the flow of surface water in excess of the natural drainage easement, and that this overflow constituted a present taking of an easement strip. Plaintiff's remaining allegations contained in...

.... 1. WATER RIGHTS — Drainage — Surface Water — Dominent Estate — Easement. The owner of a dominent estate has legal as well as a natural easement for...easement for servitude on the lands downstream for drainage of surface water flowing in its natural course and manner. In the present case the...defendants were owners of dominant estates and they had a legal and natural easement and right of servitude in plaintiffs' lower servient estate for the drainage of the surface water from defendants...

...concerning the depth or shape of a proposed channel easement for surface water drainage in the subdivision. The land developer sold several lots in the subdivision to a builder, who constructed a single family...construction of a subdivision's surface water drainage system. Ferentchak, 105 Ill. 2d at 476. The contract between Hamilton and the land...two ramps west of 1-94, as well as a replacement bridge deck surface over I-94. The original bridge deck had a concrete median...

.... Bittersweet contends that the trial court erred in applying the law of surface water drainage. We disagree. A. Under Colorado law, the owner of upstream property possesses a natural easement on...first argues that the law relating to natural easements does not apply to a situation, such as that here, in which irrigation tail water is involved. According to Bittersweet, the term "surface water" includes only water accumulating from natural sources, such as precipitation. Because irrigation tail water is not from a natural source, Bittersweet reasons, no natural easement exists for its drainage. However...land downstream for drainage of surface water flowing in its natural course. The upstream property owner...

...lower lying Hoffman land. That is simply not the law. The discharge of surface water into the natural drainage system which flows onto an adjoining landowner's property does not require an easement across...mean the court granted an easement for drainage of surface water. Presumably the complaint under Point III is that the court erred in failing to grant an injunction when the...exists if (1) the surface water is collected in an artificial channel or volume and discharged in increased or destructive quantities to the damage of the lower lying property, (2) the drainage off of...

...and perpetually enjoining them from placing in the watercourse a dam which obstructs or interferes with the natural flowage of the surface water therein. Defendants' answer and counterclaim involves the question as to whether defendants' land is subjected to a perpetual easement of drainage in...to enjoin the owners of tract 2 from maintaining any obstructions along their common division fence which would prevent the drainage of surface water from tract 1 to and across tract 2. Defendants denied that any drainage easement existed...have not acquired an easement for the drainage of surface water from the dominant tract 1 over the servient tract 2...

...whether defendant had a prescriptive easement for drainage of surface water by means of the culvert and, if so, whether defendant impermissibly expanded the easement by replacing the old culvert, which...plaintiffs' property, allegedly resulting in increased surface water drainage onto plaintiffs' property. Plaintiffs moved for partial summary...therefore modify the order accordingly. It is settled law that a property owner, including a municipality, has no right "to collect the surface water from its lands or streets into an...

..., thereby, surface water is cast back on the lands above. ( Barkley v. Wilcox, 86 N.Y. 140; Bennett v. Cupina, 253 N.Y. 436.) While an easement for drainage of..., formerly, a continuation of a drainage ditch for surface water from the lands to the north thereof across what is now Roseville Avenue. While the letter of the Justice, who, at Special Term, confirmed...purpose of opening, and keeping open, a watercourse for the free passage of surface drainage from Roseville, sometimes known as Roseview, Avenue in the Town of Hamburg. The theory of the complaint...