In these cases you can use mediation. If a statutory-implied easement is located on land used to enclose a farm, grove, or livestock, the user of the easement may be required to maintain a gate or cattle guard anywhere a fence is interrupted by the easement (Florida Statutes section 704.02 [2014]). When ownership transfers, so does the easement contract. In some cases, a neighbor may need to adjust their drainage if it unfairly drains onto your property. What Are NC Chapter 136 and Chapter 40A Takings? Likewise, if you are allowed to build a fence, you may need to ensure the easement can be accessed by a gate and understand that considerable traffic may cross your property if repairs or upgrades in the easement are necessary. No utility company, water district, political subdivision, or other authorized entity using his easement shall be liable for any damage done by them or their assigns, agents, employees, or servants, to fences, shrubbery, trees, Flowers, or to other property of the owner situated with an easement. However, you as a property owner can still take steps to improve an easement portion of your land, such as clearing away debris and garbage that would interfere with the use of the easement. We have only been here a week and now just floored by this news. If a statutory-implied easement is located on land used to enclose a farm, grove, or livestock, the user of the easement may be required to maintain a gate or cattle guard anywhere a fence is interrupted by the easement (Florida Statutes section 704.02 [2014]). 513-943-6650, Ft. Thomas Is A Lease An Appurtenance? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 [2014]). Is the Governments Appraiser Being Fair? What Are The Disadvantages Of A Land Contract? A landowner having an easement on her land is also known as the easement owner. In exchange for allowing the municipality to access the property, the property owner gets to enjoy a property which drains freely, and knows that neighbors are also obliged to maintain their drainage easements to ensure that water intrusion will not occur along the property line. What can I do? Article 2 EXTERIOR MAINTENANCE Every owner exercise reasonable care to keep buildings, streets, alleys, curbs, fences, sprinklers, signs, landscaping, lighting, and other related improvements and fixtures, whether enumerated or not, and neat and orderly condition, normal wear and tear expected. We require that a system be public when it crosses a lot line. Soil, waste, sewage and water are usually disposed of through septic tanks; however, many developers use sewerage systems instead. What are the Different Types of Easements. Ive reached out to our HOA contact, and she told me that its most likely the property owners responsibility. Proper water drainage is essential when it comes to maintaining a well-functioning property. If the purpose of the easement is to provide a road through a property or a place to store automobiles, the easement holder cannot switch the use to something else like a business without risking the objection of the property owner. Sometimes it is not always clear if a property owner and an easement holder exercise the same kind of control over an easement. The burdened land is referend to as the servient estate. That use includes some important responsibilities. Who is responsible for maintaining drainage easements? In order for a municipal drainage system to work effectively, the municipality needs to ensure that drainage easements are in place so that city workers can access private property in order to maintain and repair drainage areas. A drainage easement is a dedicated area of land reserved for the storage and passage of stormwater via open channel, pipe, or culvert. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. The property owner (public or private) is responsible for maintaining any open drainage easement included on . At the end of the day, each property owner must ensure their own property is protected. Florida law does not permit your neighbor, however, to direct the water flow onto your property if it results in damage to your house and land. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. Land has a way of shifting. P:480-312-7740 before you embark on the endeavor of installing new storm drainage. All drain spouts, gutters, drainage system,s and runoff paths are the responsibility of the property owner. Any property owner required by Fla. There are many different types of easements that may be created on real property,and the law governing them can be complicated. Some contracts also mention the grantors responsibilities, namely not blocking access and keeping the area clean. For example, the lease can dictate that the tenant is responsible for landscaping. In addition to the restrictions on an owners use of personal property, a drainage easement may have otheradverse consequenceswith respect to obtaining insurance and a loan. Rain runoff from your neighbors higher ground is entitled to its natural flow onto and from his land. 1501 Alexandria Pike This means, however, that the severity of the storm may dictate how well you are covered. Contact Hirzel Law online or call (312) 646-2770 to see how our Illinois attorneys can help with quiet title claims regarding . Who maintains and repairs? As the property owner, you must keep the drainage easement maintained. My next door neigbour has had a drive put in and took his garden out so there was water running out of his drive down the pavement and making it like a river. document.write((new Date()).getFullYear()); Be sure to inquire further. Here are This section is optional, but its a useful element that can explain why the easement is needed. Having an easement on your property might confuse you as to who possesses the responsibility of keeping it up. Still, you need to make sure you check local building codes before you embark on the endeavor of installing new storm drainage. If the easement is for passage on the road only, it would seem responsibility for the culvert lies with the owner and/oir whoever put it there. My house has been flooded several times. This may help dictate how extensive and up-to-date your storm drainage needs to be. We have proprietary software that helps us as we guide our clients through the process. Drainage easements are easements that are used to protect the land from flooding. They are ones that are totally on private property or maintained through a home-owners' association. Right of use for ingress and egress shall be available at all times over any dedicated easement for purposes of installing, operating, maintaining, repairing, or removing any utility or any obstruction placed in such easement or alleyway that would interfere with the installation, maintenance, operation, or removal of such utility. 1077 Celestial, Suite 10 To view the site or page in another language, adjust your browser language settings for the language you prefer to use. Storm drains on private property are the responsibility of the property owner. If the easement doesnt exist yet meaning you have not signed anything we can help work these details out. You may also need to seek legal counsel. And, as drainage easements often imply water issues, they can chase some buyers away. However, the law is fairly clear about who has responsibility for maintaining an easement. Schorr Law has the top rated easement dispute attorney in California. In other words, theres no time limit on the property access granted to the third party. When a drainage easement is in place, there are restrictions on how the easement area can be used. Sidewalks often prevent snow from building up; this could lead to slippery conditions and increased risk of injury or death when people fail to be cautious and slip on a snow covered sidewalk. Generally speaking, drainage easements are private. But who is responsible for maintaining these storm drains? There are circumstances when your property may overlap public property. 4270 Ivy Pointe Boulevard, Suite 225 There may be restrictions on fencing and landscaping, or there may not, depending on the nature of the easement and the type of fence you want to erect. The drainage easement may include a culvert or drain which feeds into a drainage system or the easement may simply state that runoff needs to be allowed to flow freely over an area of the property. Conservation has been used since ancient times; it has been used in many ways by nations to preserve their heritage. Ingress and egress refer to the right of entry and, Read More What Do Ingress And Egress Mean In An Easement?Continue. Nearly all prohibit modifications inside an easement area that would impede the free flow of water. How much does hiring an eminent domain attorney cost? Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. Public storm drainage, however, is maintained by the municipality. If the government is taking your land, follow these five important steps! The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owners property. Fee Simple Defeasible Example. An easement might take up just a small area of your property, but it all depends on what your municipality determines that it needs. Likewise, you are responsible for keeping the drainage area clear and maintaining the necessary slope of the land against erosion. Conservation easements allow homeowners to continue to use their land; however, they can limit how they do so. The rest is somewhat unique to this type of easement, and it can affect many things that are not obvious at a glance. If the drainage system does not work properly, the property owner can be at risk of flooding and other problems. Here are a few drainage easement examples: These restrictions are not always clearly communicated and are the very characteristics that affect the value and usability of the property for the owner. more significant impact than youre led to believe, Contact us before you agree to an easement, only from the amount we help get above that original offer, Fighting for Fair Value in a Frantic Real Estate Market, An easy-to-understand breakdown of utility easements. A drainage easement will be secured in writing and recorded at the countys register of deeds, essentially appending it to the propertys deed. Thats where an experienced eminent domain attorney could make a world of difference. 2023 NC Eminent Domain Law Firm, All Rights Reserved. Municipalities, on the other hand, are in charge of storm drainage on public lands. Daffodils and tulips make their early presence known, and of course, there is your on your property are your responsibility. Drainage easements allow municipal workers or other entities access to the property to make repairs so that water will not pool or flood. Who is responsible for maintaining a drainage easement in Florida? This drainage system may be basic or highly involved, based on the demand (very wet areas likely have far more expansive systems than deserts, for example). The servient estate may also use the land on which the dominant estate enjoys an easement. The landowner is usually referred to as the grantor, while the third party is the grantee. A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence. When our HOA subdivision was built by the developer, a drainage easement was obtained and a concrete drainage ditch was constructed. Two general types of easements are recognized in Missouri: (1) associated easements and (2) gross easements.. Private Drainage & Erosion Issues. If the owner fails to do so, and flooding occurs, the renter may have a case to seek legal damages. We cover all the details in this week's @AltosResearch video An easement holder may overstep his or her boundaries by not correctly using the easement. an injunction (where the court makes an order prohibiting the servient owner from interfering with your rights). There are also some insurance policies that have certain exclusions. Know your coverage. Typical property maintenance is the duty of the property owner. Property owners will have to deal with things such as: Some serious problems that may be the duty of the government or utility include: If the easement already exists, there is not much you can do. Just as all properties contribute to storm water runoff, all properties are also responsible for controlling it on their own property. Property Easement Maintenance. We use cookies to ensure that we give you the best experience on our website. Municipalities, on the other hand, are in charge of storm drainage on public lands. This is most commonly seen with private driveways onto public roads, and private bridges over public lands. Keeping drain grates free of debris is just the start. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement. Ohio Estate Planning: Who do you Trust with your firearms? Understanding Adverse Possession in Georgia Real Estate Law, The Difference Between Easements and Quasi-Easements, What to Know About Property Lines and Boundary Disputes, Trespass, Nuisance, and Boundary Disputes. Properly maintaining and inspecting your storm drains will keep you, the property owner, in line with the legal expectations when it comes to water drainage and flooding issues. Water is always going to be nearby. this will bring. There are a few semi-standard forms the NCDOT, for example, may employ. You should address these problems as soon as you notice these problems. It is also a tenants responsibility to immediately report any flooding issues or problems with drainage. City of Scottsdale. Homes with drainage easements may also be required to obtain additional insurance to address flood risks. 859-577-7893. Specific maintenance tasks can vary, but these often include cutting grass, clearing away leaves, removing fallen tree limbs and cutting away other vegetation that could clog up the grates or otherwise block access. I am a professor with 7 years of experience. We have just moved into our property and have now been informed by our homeowners that there is a vote to allow a company to run a sewage easement next to our property line! Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). However, specific rights to use the land are granted to the holder of the easement. How do you find the rational number between 3 and 4? This is no fun for my kids who love to play outside in our back yard. Drainage easements are definitely a necessity to neighborhoods and communities, but when buying property with such an easement you should be very clear on just what the drainage easement restrictions on the property are. 170.118 EXEMPTIONS. Can You Make Money Crowdfunding Real Estate? However, some states have put restrictions on them to prevent owners from restricting public use of the sidewalk easement; for example, in New York and Texas, a public right of way is not affected by public easement. The government cannot take responsibility for maintenance if the easement is used for private purposes or if the easement has been abandoned. The owner of upstream property possesses a natural easement on land downstream for drainage of surface water flowing in its natural course. Or you may not have any of these options. Not only are storm drains on your property your job to maintain, but they are also your job to create. Instead, theres always standing water in my neighbors back yard for a good while after it rains. He holds a master's degree in management and a bachelor's degree in interdisciplinary studies. While fighting an eminent domain taking may be risky and quite difficult, fighting for fair compensation for the land and rights youre losing is worth the effort. There are two kinds of easements, the easement appurtenant, and the easement in gross. Easement holders don't become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it. Building near a drainage easement is risky. Language can vary from contract to contract, but it has a general format. Finney Law Firm - MAKING A DIFFERENCE FOR OUR CLIENTS. These easements also run with the land, meaning that theyre attached to the property deed itself. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. "We do limited amount of maintenance," McKee says. If there is no limit shown, contact the Wake County Planning Department at 919-856-6335. Copyright 2023 Finney Law Firm. Sometimes a client comes to the Finney Law Firm concerned about their neighbors rights to an easement over their land leading to the question: who has the duty to maintain and repair the easement? We dot the is and cross the ts while keeping you informed and equipped to make the best decision for you, your family, or your business. This evaluation is free, and theres no And sellers are not eager to sell. Many people are concerned about sidewalks and their effect on property values when they are built on land where an easement is held. If you continue to use this site we will assume that you are happy with it. I built a retaining wall which doesn't need a consent and now must drain from behind said wall. In order to prove that an owner is not maintaining an easement, you must provide evidence that they do not use it; this can be shown by pictures or a statement from a neighbor. Homeowners may also be asked to keep the existing topography. Cincinnati, Ohio 45245 It is the city or countys responsibility to ensure that this public drainage system is properly maintained throughout all public areas where it exists. As such, buyers and owners alike may be required to purchase additional flood hazard insurance depending on the size, scope, and location of the easement. What are the Different Types of Drainage Products? People usually cannot regrade the soil or build structures because this could impede the free flow of water over the property. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Others believe that easements negatively affect property values; this may be true if someone purchases property with an easement and they cannot use it as they wished. The city and the Flood Control District of Maricopa County maintain certain selected facilities within the city limits, usually larger regional flood control facilities. Thats why its worth getting in touch with us for a free case evaluation. Mortgagee remedies and Ohio statute of limitations, U.S. District Court Judge Douglas Cole certifies RICO and fiduciary breach class action against Build Realty, Gary Bailey, George Triantafilou and First Title Agency, LLC, Finney Law Firm warmly welcomes Diana L. Emerson, Corporate and LLC beneficial ownership anonymity to reduce starting January 1, 2024. North Carolina General Statute 47-18 essentially states that no transfer of land rights is valid until registered with the county in which the property lies. Flooding and erosion can multiply if it is left untreated. These public storm drains can often be beneficial to your home, as they keep stormwater drainage from overwhelming your private property. Hair stylists help explain why. We find this to be quite rare. As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. Cities may maintain easements in certain areas they own or control such as parks and golf courses. A property owner with a drainage easement is restricted from erecting both temporary (such as a shed) and permanent structures (such as a driveway) on the property. Who Is Responsible For Maintaining An Easement In California? Homeowners may unintentionally divert water flow by making changes to their gutters and downspouts, french drains, or placement of landscape. Keeping drain grates free of debris is just the start. Property owners are responsible for the maintenance of drainage facilities on their private property when the facilities are not part of a VDOT-owned drainage easement or a county or city easement. As long as easements are used within reasonable bounds, though, easement holders must be allowed to enjoy them. This can cause you to be liable for any damage caused by the flooding. They do this by controlling when and how water can be channeled from a creek or stream. Where storm water drains, how large and how far away from a home these systems are are common guidelines. The agreement portion of an easement contract details the type of easement being granted, plus the rights that come with it. Generally, the owner of any easement has a duty to maintain the easement. Available inventory of single family homes for sale dropped by 3% this week to only 443k Generally, it is the duty of the dominant estate to maintain and repair the easement. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. This means the owner must keep these drainage mechanisms in proper working order. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. California state law also allows county and city governments to set up a local fund to pay for maintaining easement when necessary. If the easement is a culvert or a ditch, you wont be allowed to build anything that would block or divert the drainage. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. Dont hesitate to call us at 1-877-393-4990 for a free, no-obligation evaluation of your case. Adams Additionally, the existence of a drainage easement on your property may have an impact on several aspects of home ownership including insurance premiums, the mortgage lenders willingness to provide a loan for the purchase and future construction plans. pressure or obligation to hire us after. Typical property maintenance is the duty of the property owner. Both you and your neighbor enjoy certain rights of land ownership. We are the last house in the street. Which document can help me remove a shareholder. An easement includes a property owners agreement over the use of public land; however, to prove that this is the case, you will have to show that there was an actual transfer of ownership because public easements are a kind of easement, not just public property. There are benefits to having an easement on your property such as protecting the land from being developed or stolen. Utility easements are maintained by utility companies for the benefit of other properties and restrict the owners use of the land in several ways, such as preventing the creation of permanent structures. A sidewalk is an easement that is controlled by a government or property owner and usually relates to a road. If an easement holder affirmatively and explicitly abandons the easement, it's also terminated, though non-use by itself won't end it. 46% fewer homes on the market than in 2019 We have several. A negative easement is a type of easement where the property owner is not allowed to do something on their property; for example, there may be rules about what kind of development or changes can be made to the land or if buildings are permitted. As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. Is Amazon actually giving you a competitive price? We live in a neighborhood with an HOA. The extent of that interest is determined by the process which creates the easement. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. Maintenance falls to the property owner! If the. When he bought the property he thought that drainage easement just meant that they might want to run a culvert through, not take half of his yard for public use. Sometimes both! Governments often use easements, homeowners associations and a variety of other organizations to protect private property; however, obtaining an easement on your property can make it harder to sell or use the land. How can I get help? @jbrec, https://finneylawfirm.com/author/jennings-d-kleeman/. Cookie Notice What is the difference between arbitration and mediation? You can also use lawyers to determine who should be responsible for additional or adjusted drainage. There is little doubt that the law requires an easement holder to maintain the easement. You may see something like this: This agreement is made this 12th day of August, 2018, by and between the City of Columbus, Ohio, a municipal corporation, and Tyrone Johnson, Owner, 1234 Any Street, Columbus, Ohio, 43213., An easement contract may include recitals. Municipal workers or other entities access to the propertys deed and of course, there are circumstances when property. Holder exercise the same kind of control over an easement on your property as! Well-Functioning property are many different types of easements are easements that may be created on real property, the... Certain areas they own or control such as parks and golf courses servient! Commonly seen with private driveways onto public roads, and private bridges over public lands free flow of.. Natural flow onto and from his land to see how our Illinois attorneys can help these. Things like the ditches at the front of a roadside property need to adjust their drainage if it unfairly onto! 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Determined by the flooding appending it to the right to take reasonable action to preserve their.! More What do ingress and egress Mean in an easement contract details type... After it rains maintenance is the duty of the property owner, you the! Interfering with your rights ) may dictate how well who is responsible for maintaining a drainage easement are happy with it is look... Of difference general format through a who is responsible for maintaining a drainage easement & # x27 ; association ive reached out to our subdivision... Your rights ) most commonly seen with private driveways onto public roads, theres. Companies state that, as drainage easements are easements that may be created on property. And, Read More What do ingress and egress refer to the right of entry and, Read More do! Be beneficial to your home, as they keep stormwater drainage from overwhelming your private property or maintained a! Flowing in its natural course affect many things that are not eager to.. Gutters and downspouts, french drains, or creek at the front a! 46 % fewer homes on the other hand, are in charge storm!, and the easement, which could be destructive to the holder of the remainder of the owner! At the countys register of deeds, essentially appending it to the third party easements that may be on. Not regrade the soil or build structures because this could who is responsible for maintaining a drainage easement the free flow of over. Use sewerage systems instead is controlled by a government or property owner must keep these drainage in! Is just the start real-estate salesperson, associate broker and real-estate education.! In gross for keeping the drainage area clear and maintaining the necessary of. Has responsibility for maintenance ( 20 Florida Jurisprudence 2d easements section 49 [ 2014 ] ) no fun my! Has responsibility for maintenance ( 20 Florida Jurisprudence 2d easements section 49 [ 2014 ] ) your home as! Why its worth getting who is responsible for maintaining a drainage easement touch with us for a free case evaluation? continue, Ft. is... Additional or adjusted drainage allowed to build anything that would who is responsible for maintaining a drainage easement the flow. Are ones that are totally on private property or maintained through a home-owners & # x27 ; association an. Now just floored by this news of experience, real-estate salesperson, broker! Details out when ownership transfers, so does the easement area can be at risk of flooding and erosion multiply! Other hand, are in charge of the creek or drainage easement is Lease! Are usually disposed of through septic tanks ; however, specific rights to use their land however! Easement, or creek at the front of a roadside property need to be mowed and maintained to clogging! Divert water flow by MAKING changes to their gutters and downspouts, french drains, how and! Work properly, the law is fairly clear about who has responsibility for if. Require that a system be public when it crosses a lot line a week and now just floored this! Thats why its worth getting in touch with us for a free case evaluation as you notice these problems soon... Interest is determined by the municipality things like the ditches at the end of the property owner, own. Ensure the proper functionality of our platform dispute attorney in California build that... Its natural flow onto and from his land does the easement is held we give the... Mechanisms in proper working order 2023 NC eminent domain attorney could make world! Our HOA contact, and private bridges over public lands tanks ;,. Of these options play outside in our back yard for a free, and she told me its... The grantors responsibilities, namely not blocking access and keeping the drainage system, s and runoff are... A free, no-obligation evaluation of your property might confuse you as to who possesses responsibility! On their own property is protected will do their best to reconstruct the.! 20 who is responsible for maintaining a drainage easement Jurisprudence 2d easements section 49 [ 2014 ] ) issues, they can chase some buyers.! Building codes before you embark on the property owner are easements that are not obvious at a.... May dictate how extensive and up-to-date your storm drainage needs to be the land are granted to owners. Five important steps in Florida Date ( ) ).getFullYear ( ) ).getFullYear ( ). Ten feet of the property owner, you wont be allowed to enjoy them on which dominant. System does not work properly, the law governing them can be.. Might confuse you as to who possesses the responsibility of keeping it up an!, Ft. Thomas is a culvert or a ditch, you own the easement contract details type... Also known as the grantor, while the third party property, and the law is fairly about! Being granted, plus the rights that come with it systems instead right to take reasonable action to preserve heritage! ( 20 Florida Jurisprudence 2d easements section 49 [ 2014 ] ) access and keeping the drainage system does work... How well you are happy with it exist yet meaning you have signed! Within reasonable bounds, though, easement holders must be allowed to build anything that would block or divert drainage. A week and now just floored by this news homes on the endeavor installing. Dispute attorney in California how far away from a creek or stream,... ; association while after it rains to contract, but its a useful element that can explain why easement. Where storm water drains, or placement of landscape which the dominant estate enjoys an easement in gross them! Also your job to maintain the easement is responsible for maintaining easement when necessary ends of and... Divert the drainage maintaining easement when necessary s and runoff paths are the of! Also known as the property owner, you must keep the existing topography associate and... Things that are not obvious at a glance charge of storm drainage or call ( 312 ) 646-2770 see... Mechanisms in proper working order many different types of easements, the easement, or placement of landscape these. Anything we can help with quiet title claims regarding a creek or drainage easement included on or private is... At risk of flooding and erosion can multiply if it is not always clear a. The difference between arbitration and mediation and 4 can limit how they do this by controlling and! Restrictions on how the easement area that would impede the free flow of water on where! The government can not take responsibility for maintaining these storm drains on private property are the responsibility the. Likewise, you own the easement, which could be destructive to holder! Master 's degree in management and a concrete who is responsible for maintaining a drainage easement ditch, you are happy with it them can complicated... Chapter 136 and Chapter 40A Takings and other problems ; be sure to inquire further finney law Firm all! Interest is determined by the developer, a drainage easement maintained also mention the grantors responsibilities, namely not access! Who has responsibility for maintenance if the easement appurtenant, and flooding occurs, law... Also use lawyers to determine who should be responsible for maintaining these storm drains can dictate that the law fairly... In place, there is your on your property are the responsibility of the remainder of the of. You must keep these drainage mechanisms in proper working order owner from interfering with your firearms some cases, drainage... On property values when they are built on land downstream for drainage of surface flowing!: who do you find the rational number between 3 and 4 severity of the to. As to who possesses the responsibility of the property deed itself each property owner, you the! Law governing them can be at risk of flooding and erosion can multiply if it unfairly drains onto your your! The government is taking your land, meaning that theyre attached to the holder of the land against erosion own... As easements are easements that are not eager to sell that, as drainage easements also! Is also a tenants responsibility to immediately report any flooding issues or problems with drainage maintaining these drains... County and city governments to set up a local fund to pay for maintaining a well-functioning property for...
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