> So I'm wondering . . . was, or is it the town's responsible for keeping this creek within their easement boundaries ?
I'm suspecting every official you run into will lose records, or otherwise not know anything, to keep it like this, because they know what it will cost them to do the right thing:
> Or is it now treated like a natural waterway and anything goes?
Been down that path.
1) 1950's road was built 100% on our property but moved to the property line from the meandering it did before. Road builder came along, said the S curve it created just past our property would be too severe, so he built the roadbed different than it was surveyed, within the 100 foot easement, but _not_ centered on the easement.
Survey office burned, all records lost, so not the county measures from the centerline of the road and calls that good enough. We lose 2-3 acres of land. Road going to be rebuilt, dad pointed to where the property line should be, and that a point was burried there in the 1950's. The county head with metal detector hit something within 2 feet of where dad pointed, guy said well, we don't know what we would find under the tar? The next morning they were ripping up tar and hauling tar & gravel away, for some reason they started there & everything was hauled away 2 feet deep..... Hum?
2) I have a 'wetland' that was always farmed until 1979 or so, owner retired and rented fields to a farmer, rented this wetter spot to a horse owner to make hay. There is a working tile 1/3 into it. I bought it, and guess what - it's a wetland, can't drain it at all. Doesn't matter that there is tile in it, or that it used to be farmed, they have no record of the tile, and their carefully selected pictures show it is grass so they don't have to even look at it, don't have any record of any tile in it....
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