Q: There is an alley-way directly behind my property. On the left and right side there are houses.
We are all allowed to use the alley-way for the purpose of walking through it. I need to attach a downspout to this area of my building in order to direct a portion of the rain water here. My question is, does the fact that we are all able to use the space for walking through also allow for this? That is to say the physical downspout and all accompanying parts will be attached to my property, however the water would be directed towards a shared space. One of the houses next to it has a similar setup to what I am describing currently. What is the best way to proceed?
A: It’s hard to say without knowing whether there is a written easement agreement or other writing (perhaps in the deed) creating the right of way and whether it restricts the easement for its intended use. If the new downspout would further restrict the use of the easement for its intended use, I don’t believe you would have the right to install it, despite another user’s installation of a downspout.
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