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8/7/2018 9:27:54 PM
 
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022292
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10D has always referred to planting or otherwise obstructing drainage by placing something in the ditches. I have always taken to mean just that, not that the homeowner has the obligation to mow, rake and otherwise disturb the pitch of the drainage ditch. In fact it seeks to prohibit just that action.
50 years of practice, sort of like the principle of an implied easement in reverse, pretty well trumps another interpretation. |
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For reference, the above message is a reply to a message where: Jack, Read 10 D it directly speaks to not interrupting the flow of drainage. I think practice will trump any opinion. Ted |
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