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4/5/2025 3:17:54 PM
 
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Section 5: OPA Board Subject: Ditches Msg# 1223206
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So, you are saying that I am responsible to maintain/clear Ocean Pines Property? Section 12 uses the words "on the lot'. I may not be the sharpest tool in the shed but I can totally understand those words. Ocean Pines is trying to pull the wool over our eyes and you and others are allowing them to do it. Section 01, Plat Sheet 8 of 9 is where my house is located and no where on my property or adjacent to it is there a "drainage easement" My neighbor across the street has one shown (hatch marks) but not me. My property abuts a Right of Way which is a road not a drainage easement. The ditch I am adjacent to takes the water from the road and sends it to the "drainage easement".
Ocean Pines is trying to use the words "drainage easement" where they do not apply. It is time to stand up and fight for our rights as a property owner. Why can't Ocean Pines produce a legal opinion on this, I think it is because they are wrong and know it. I am willing to meet with you or any other Ocean Pines property owner to talk about this. If nothing else get a take different from yours. Put the plats out and look at them together. I have a current survey of my property and it does not include the Right of Way. Don't believe that just because the Association says it that it is true. |
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For reference, the above message is a reply to a message where: Harry, welcome to the Forum. The DRs could be written better to the responsibility for frontal drainage ditches. Let's start with 12C of the DRs. You and others have made the argument that because the word "drainage" appears in 12C that OPA is responsible for the front drainage ditches. I take a different view. I read 12C as it pertains to front ditches as OPA is responsible for the slope of these ditches (not the clearing or mowing) to make sure water flows from one lot to another, i.e. appurtenant drainage. The key section is 10. 10A defines the front drainage ditch easement and makes no distinction as to ownership of the easement. 10D puts the burden on the lot owner to maintain the front drainage ditch regardless of ownership. Like you, I have the original four lot pins. In my case, 9 feet of the 10 feet front drainage easement as defined in 10A is outside of my property. But, because section 10 does not distinguish ownership of this easement it's my opinion that when I signed my copy of the DRs I agreed to rake leaves out of my front ditch and mow it even though its mostly owned by OPA. I hope this helps. |
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