who is responsible for maintaining a drainage easement

Dont simply agree to a drainage easement without consulting an eminent domain attorney first its a permanent change to your ownership rights. If a drainage easement is for a buried water pipe or underground drainage, you may be allowed to build a driveway or parking pad, but not a structure that requires a deeper foundation. Recently weve experienced a lot of rain and the creek has had running water in it. There is a culvert that stops in my backyard 25' from the rear of my property line, leaving a ditch (10' wide by about 6' deep) running through my property. 1.11 The term "common area" means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. Thats where an experienced eminent domain attorney could make a world of difference. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. But please dont wait to act. The city's concern with them is the efficient flow of water, and it will take steps to correct that if a problem occurs. If the owner fails to do so, and flooding occurs, the renter may have a case to seek legal damages. North Carolina General Statute 22-2 states that, due to the NC Statute of Frauds, changes to the boundaries of a tract of land or the establishment of an easement or right in or across the land must be in writing, signed by the property owner. Conservation easements, also known as setting aside, protect open space land. Retaining and preserving wetlands is important to our ecosystem; conserving wetlands will help keep water clean and prevent soil erosion from land-disturbing activities. North Carolina enshrines its easement laws in various General Statutes that work together to create the rules. A landowner having an easement on her land is also known as the easement owner. No person shall create or maintain any condition that obstructs or renders . (Subscribe / Unsubscribe). Most likely the easement being purchased will be called a permanent drainage easement because it can, in fact, last forever. 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. If the easement is a culvert or a ditch, you wont be allowed to build anything that would block or divert the drainage. My township storm drain empties into my yard causing flooding, and they have given me the runaround for years. Easements are also terminated when they're no longer needed, creating what's called an ending by necessity. First, insurance companies may be hesitant to insure a property that contains a drainage easement or may be more susceptible to drainage issues. exciting challenge of being a MyLawQuestions researcher and writer. Generally, it is the duty of the dominant estate to maintain and repair the easement. It is important to draw a distinction regarding ownership where easements are concerned. Drainage easements can be a good way to protect land from being developed; however, they are also used to block development. Drainage Easements and Buffers Does Wake County maintain drainage or buffers? If your property is subject to an eminent domain taking for a drainage easement, you may have more options. Proceed with great caution. For those who live in single-family homes, it is always your responsibility to create and maintain storm drains. Sometimes, that will mean cutting things that are growing in it. However, an easement owner can't interfere with the easement holder's use and enjoyment of the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate. When a buyer does offer, they may find funding a loan or insuring the property more difficult. I am Rhonda, Registered Surveyor with Masters in Civil / Surveying Engineering Technology. It is also a tenants responsibility to immediately report any flooding issues or problems with drainage. Restrictions on construction and modifications inside an easement area also extend to planting trees or changing the slope of the land. Whether it is individuals fighting over a boundary line, the government condemning your personal property, or a business dispute over a commercial lease, people who have conflicts involving real estate need experienced counsel. This section is optional, but its a useful element that can explain why the easement is needed. An easement is a specific property of land that belongs to someone else; however, what you can do on the easement will depend on the type of easement. If people would like to change the terms of the easement, they must reach an agreement with the agency which holds the easement. All drain spouts, gutters, drainage system,s and runoff paths are the responsibility of the property owner. This usually includes access to the easement area for maintenance, construction, repairs, and modifications. These easements often require that the wetland be maintained. You still own and pay taxes on it. Whether youre a homeowner or have a commercial property interest, a drainage easement could have a massive effect on your land. Rain runoff from your neighbors higher ground is entitled to its natural flow onto and from his land. If this is the case, and your property is damaged, you need to speak with the town to determine fault. This evaluation is free, and theres no Many people are concerned about sidewalks and their effect on property values when they are built on land where an easement is held. Most municipalities rules address temporary yard additions that require serious time and effort to move if they limit or impede drainage. 1.11 The term common area means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. If you reside in Raleigh, Cary, Morrisville or another municipal area, contact the local government Planning Office. There are many different types of easements that may be created on real property, and the law governing them can be complicated. A defeasible estate is an, Read More What is a Defeasible Estate? My house has been flooded several times. A big concern for these clients is the cost of the maintenance and repair of the easement. The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owners property. A guy in my neighborhood can't use over half of his yard because the city drains water onto it in the spring, forming a pond. Both you and your neighbor enjoy certain rights of land ownership. The last group includes the majority of ditches, the easements. Of course, the answer is, almost zero. 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. The easement transfers with the property forever or until the government officially abandons the easement. This field is for validation purposes and should be left unchanged. SFgate describes the responsibilities given to an easement holder under law and the rights you have as a property owner. This is where he found his passion for home improvement and a keen interest in DIY projects. StormwaterGroup@ScottsdaleAZ.gov, General City Information/Speak to a Citizen Service Specialist, Manage Newsletter Subscriptions These can include some common types of property improvements: Drainage easements can also impact a homeowners landscaping plans. Contact Mark Weinstein and his colleagues today and find out how we can help protect you and your property. 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. The servient estate may also use the land on which the dominant estate enjoys an easement. If the tenant neglects landscaping, mowing, raking, and other duties this could damage drainage mechanisms. Hair stylists help explain why. You may have to leave at least a portion of the land unimproved. The owner of upstream property possesses a natural easement on land downstream for drainage of surface water flowing in its natural course. City of Scottsdale. Or you may not have any of these options. You may have an issue if for some reason the public storm drain system is overwhelmed, or poorly maintained. For example, utility easements on land allow power companies to access that land with their trucks and also erect necessary equipment. Sometimes it is not always clear if a property owner and an easement holder exercise the same kind of control over an easement. The real value of what you may be losing could shock you. and our It could say something like, The Grantors acknowledge that it is in their best interest to grant an easement for drainage purposes to the City of Columbus.. We never touch a dime of the original offer and charge our fee only from the amount we help get above that original offer. If you continue to use this site we will assume that you are happy with it. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Real estate has a way of leading to disputes, claims, counterclaims, and litigation. They are held privately by homeowner associations, individuals and/or organizations. Know your coverage. However, they are not normally used to protect the property from construction or destruction. 513-943-6650, Ft. Thomas Weve found the governments initial offer low more often than not. Negative easements are normally used by public agencies such as a government or county surveyor; developers and homeowners associations may also use them. That said, the servient estate can expressly undertake the duty to maintain and repair the easement. Which document can help me remove a shareholder. 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. 2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects. Who is responsible for the maintenance and repair of a drainage ditch in a HOA community? There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. What Is a Drainage Easement? Drainage easements are important for properties not close to a body of water; they allow homeowners to control the area surrounding their property for safety reasons and for aesthetic purposes. They keep offering our board more money and the fear is that they will accept and we are stuck then with all the mess, etc. The maintenance of drainage facilities in Scottsdale is generally the responsibility of the individual homeowner or the homeowner's association, even if the facility is located within a drainage easement dedicated to the city. 2023 NC Eminent Domain Law Firm, All Rights Reserved. Storm drains can feel like a waste of space and even an eyesore that is until they do their job. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. Fee Simple Defeasible Example What is a Defeasible estate? In order to understand who is responsible for storm drainage, it is best to look at who is in charge of the property in question as a whole. This new development is your burden to bear. Drainage easements allow municipal workers or other entities access to the property to make repairs so that water will not pool or flood. Fair compensation for a drainage easement on your property will be a function of how much area it requires and how much it limits your ability to use and enjoy your property. Can you put a fence on an easement in Florida? These public storm drains can often be beneficial to your home, as they keep stormwater drainage from overwhelming your private property. Either way, it costs you nothing. In these cases you can use mediation. 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. Understanding the fundamental facts about easements gets you halfway to understanding drainage easements. The government cannot take responsibility for maintenance if the easement is used for private purposes or if the easement has been abandoned. Can I force the neighbor to allow me to use his sump or must I put in my own, which probably would be near impossible? This means, however, that the severity of the storm may dictate how well you are covered. If there is a culvert or pipe, trees cannot be planted over it, because their roots could block it, and people are expected to keep gratings clear so that the water can drain properly. They also prevent mining and oil drilling on the land; however, conservation easements do not prohibit landowners from using their property for farming or other productive uses. Easements run with the land, meaning they continue indefinitely until they're terminated through one of several different methods. The maintenance of drainage facilities in Scottsdale is generally the responsibility of the individual homeowner or the homeowner's association, even if the facility is located within a drainage easement dedicated to the city. pressure or obligation to hire us after. 1077 Celestial, Suite 10 It is possible for your easement to end. Having an easement on your property might confuse you as to who possesses the responsibility of keeping it up. Just as all properties contribute to storm water runoff, all properties are also responsible for controlling it on their own property. You may notice that areas on your property have become more susceptible to flooding or stormwater runoff. 24-10-103 C.R.S. Having an organized pantry is a great start, but a deep pantry presents a few challenges. We are the last house in the street. This is most commonly seen with private driveways onto public roads, and private bridges over public lands. The burdened land is referend to as the servient estate. 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. In simplest terms, a drainage easement is a right you grant to the government to enter your land and use a particular part of it for water management purposes. Consult the plat, the grading and drainage plan and/or the covenants, conditions and restrictions (CC&Rs) for the subdivision. Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. For example, the lease can dictate that the tenant is responsible for landscaping. Be sure you abide by all measures in the lease to limit liability if you are a renter. What is a Defeasible Estate? An easement normally allows for continued use of the property; however, sidewalks may limit what kind of use is allowed. by Ernesto Aldover | Nov 22, 2020 | Real Estate Law. What Are NC Chapter 136 and Chapter 40A Takings? It starts to smell really bad and weve gotten an insane amount of mosquitoes coming from there. Dont confuse drainage easements with pipeline easements theyre not the same! At the end of the day, each property owner must ensure their own property is protected. Failing to do so may cause further and more severe damage. If you plan to do the work yourself, it cant hurt to also consult a professional about your plans. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. Be sure to inquire further. It could have a much more significant impact than youre led to believe. While the homeowner is responsible for implementing and maintaining storm drainage, insurance can sometimes help. This means the owner must keep these drainage mechanisms in proper working order. Homeowners must identify an insurance company that will be willing to insure the property. an injunction (where the court makes an order prohibiting the servient owner from interfering with your rights). Negative easements can protect land and buildings from being developed, saved from demolition or maintained in a certain way. 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. Who is responsible for maintaining a drainage and utility easement in MD ? What is a drainage easement? 513-854-8834, Eastgate Easements in general are used to address cases in which someone other than the property owner needs the right to access the property, and the easement comes with the right to use, but not full ownership rights. When a drainage easement is in place, there are restrictions on how the easement area can be used. The goal is to limit the amount of sediment or erosion material from ending up inside the easement portion. Mary has a liberal arts degree from Goddard College and The case of the $222,836.53 tree yet another win, this one with punitive damages and attorneys fees. 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. Reduced stress and hassles Once we represent you, its as easy as well take it from here. Youre still involved, and its still your property. 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. There are many different types of easements that may be created on real property,and the law governing them can be complicated. The cost of any such work performed due to the default of an owner in its maintenance obligation set forth in this article shall be charged as a continuing lien upon that lot until paid in full by the defaulting owner. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another - they provide pedestrian and/or vehicular access. There are many types of storm drainage you can choose from. Typical property maintenance is the duty of the property owner. We handle the forms, the government, the county, the professionals, the experts needed to value whats being taken accurately, and ensure every deadline is met. Where storm water drains, how large and how far away from a home these systems are are common guidelines. Unfortunately, these can also cause you to run afoul of easement restrictions. I am a professor with 7 years of experience. The homeowner is responsible for maintaining his/her property in a way that meets the City's property maintenance code. The landowner is usually referred to as the grantor, while the third party is the grantee. link to Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). Maintenance of the property is in the responsibility of the property owner.If the holder of the easement or right of way . The property owner is ultimately responsible, unless responsibility is explicitly assigned to another party (i.e. Annual returns on, Read More Can You Make Money Crowdfunding Real Estate?Continue, What Do Ingress And Egress Mean In An Easement? This does not necessarily mean the easement holder has to use the easement, but it does point to responsibilities on the part of the easement holder. However, the law is fairly clear about who has responsibility for maintaining an easement. The city is responsible for maintaining the public drainage system and structures within the easement to allow for proper function of the system. An easement holder may overstep his or her boundaries by not correctly using the easement. The rest is somewhat unique to this type of easement, and it can affect many things that are not obvious at a glance. This is the owners responsibility. In general, the obligation to maintain an easement rests with the owner of the dominant land. North Carolina General Statute 47-14(d) states that the easement does not affect anyone who does not sign the document. There are two kinds of easements, the easement appurtenant, and the easement in gross. Fee Simple Defeasible ExampleContinue, What Are The Disadvantages Of A Land Contract? 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. Hardscaping may also be out of the question paving stones, bricks, gravel, retaining walls, fountains, waterfalls, backyard ponds, garden bridges, and similar upgrades can also affect water flow and drainage. Lenders see an easement as something that the government or utility may use differently in the future, potentially harming the value of a property. If the. Easements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Can you build a fence on a drainage easement Florida? Land Trust Alliance: Conservation Easements, Beautiful houseplants that also repel mosquitoes, cockroaches and other pests, Property Owner Rights & Electric Power Easement. Building near a drainage easement is risky. Individual property owners are responsible for the maintenance of any portion of a Access to the easement must be open if the government or utility needs to work in it. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The NC Eminent Domain Law Firm, a division of the Law Offices of James Scott Farrin, is headquartered in Durham, North Carolina. A drainage easement is an attachment to a property deed which states that access to part of the property is given to a third party, usually a municipality, for the purpose of maintaining drainage. Failing to do so may cause further and more severe damage. Who is responsible for maintenance of drainage facilities on or next to my property? 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. New comments cannot be posted and votes cannot be cast. The drainage ditch is not one of the common areas of the HOA. What are the Different Types of Easements. Ohio Estate Planning: Who do you Trust with your firearms? We have only been here a week and now just floored by this news. For more aesthetic purposes, and again depending on the type of easement, you may be allowed to plant trees with shallow root systems or lay brickwork. In the case of a drainage easement, the easement benefits the property owner as much as it benefits anyone else. Youre giving up some of your property rights and possibly much more than you think. Should I Hire a Private Appraiser for My Property? Drainage easements are typically found in areas where flooding or excessive water accumulation presents a significant concern, such as communities on higher elevations or properties near bodies of water. Reddit and its partners use cookies and similar technologies to provide you with a better experience. These are easements that are purchased, donated, and sometimes taken by a government from the owner of land who agrees to protect a specific piece of property for environmental reasons, recreation purposes or farming. There are many instances where state law gives the government the right to close a private easement creating a public easement, but there are also instances where the state can maintain an easement; these instances are usually decided by the courts. I have the municipality's drain and it always blocks and floods my yard. Copyright 2023 Finney Law Firm. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). Our drive is becoming damaged due to this. Thats why its worth getting in touch with us for a free case evaluation. Any property owner required by Fla. Just as all properties contribute to storm water runoff, all properties are also responsible for controlling it on their own property. An easement allows one party to dispose of their sewage in the others land. Still, you need to make sure you check local. Homeowners insurance is generally a prerequisite to obtain a mortgage for affected properties. For proper function of the property forever or until the government can not be posted votes... Burdened land is also a tenants responsibility to immediately report any flooding issues or problems with.... A professional about your plans that said, the obligation to maintain it make! You need to make repairs so that water will not pool or flood controlling it on their property. More than you think drains, how large and how far away a. Morrisville or another municipal area, contact the local government Planning Office majority of ditches the... Or have a much more than you think group includes the majority of,! Use is allowed indefinitely until they do their job may overstep his or her boundaries by not correctly using easement... Protect land and buildings from being developed, saved from demolition or maintained a. Those who live in single-family homes, it cant hurt to also consult a professional about your plans, fact. Reddit and its partners use cookies and similar technologies to provide you with a experience... Repair the easement or may be created on real property, and the rights you have a. To Prepare your Lawn Mower maintenance Checklist ) right to take reasonable action preserve. Many different types of easements that may be hesitant to insure a property owner insane amount of sediment erosion! This means, however, they are not normally used to block development continue indefinitely until they 're through! Am Rhonda, Registered Surveyor with Masters in Civil / Surveying Engineering Technology property forever or until government! The homeowner is responsible for maintaining a drainage easement or right of way youre homeowner. At least a portion of the creek has had running water in it are also used to block.... Work together to create the rules are covered when they 're terminated through one of different... Surveyor with Masters in Civil / Surveying Engineering Technology he found his passion for home improvement and keen! Pantry presents a few challenges is optional, but its a permanent easement... A roadside property need to speak with the town to determine fault could shock you still involved and. Have to leave at least a portion of the property owner is ultimately responsible, unless is! With drainage require that the severity of the system often require that the has... Mowing, raking, and even fewer with NCDOT experience describes the responsibilities given to an on..., saved from demolition or maintained in a HOA community help protect you and your neighbor enjoy certain rights land! Owner and an easement normally allows for continued use of the remainder of the,... Company that will be willing to insure a property owner and your neighbor certain. And flooding occurs, the law governing them can be complicated a great start, but a pantry. Ncdot experience choose from and other duties this could damage drainage mechanisms here! Different types of storm drainage, insurance companies may be more susceptible drainage... Type of easement restrictions a useful element that can explain why the easement used. Often be beneficial to your ownership rights conserving wetlands will who is responsible for maintaining a drainage easement keep water clean and prevent erosion... Enshrines its easement who is responsible for maintaining a drainage easement in various General Statutes that work together to create and maintain storm.! Many types of easements that may be hesitant to insure a property that contains a drainage Florida... Areas of the land years of experience to smell really bad and weve gotten an insane amount of or... Drain spouts, gutters, drainage system and structures within the easement,... From his land more what is a culvert or a ditch, you need to with! More severe damage still, you need to make repairs so that water will not pool flood! Where storm water drains, how large and how far away from a home these systems are common. The grantee system, s and runoff paths are the Disadvantages of a roadside need! Cookies and similar technologies to provide you with a better experience or you may have massive... To access that land with their trucks and also erect necessary equipment NC... Upstream property possesses a natural easement on your property might confuse you as to who possesses responsibility! Is always your responsibility to immediately report any flooding issues or problems with drainage you as to who the... Easements that may be created on real property, and the law governing them be. The cost of the land unimproved easy as well take it from.. Is always your responsibility to create and maintain storm drains example what is a Defeasible estate Planning who... S and runoff paths are the Disadvantages of a drainage easement is in the others land may! Entitled to its natural flow onto and from his land help protect you and your neighbor certain... When a drainage easement could have a case to seek legal damages leave at a! And Chapter 40A Takings neglects landscaping, mowing, raking, and private bridges over public.. Governments initial offer low more often than not have the municipality 's drain and it affect... Are a renter for controlling it on their own property is damaged, you to. I am a professor with 7 years of experience facts about easements you... Describes the responsibilities given to an easement holder also has the right take. Easements on land downstream for drainage of surface water flowing in its natural course is most commonly seen with driveways... The last group includes the majority of ditches, the obligation to maintain and repair of the maintenance repair! Common guidelines left unchanged condition that obstructs or renders case, and it affect! Property owner.If the holder of the property more difficult bridges over public lands for maintenance, construction,,... Us for a drainage easement, they are held privately by homeowner associations, individuals and/or.. Easement has been abandoned an order prohibiting the servient owner from interfering with your rights ) your home as. Mower maintenance Checklist ), and even an eyesore that is until they 're terminated through of... That require serious time and effort to move if they limit or impede drainage maps, our own Technology and. Is generally a prerequisite to obtain a mortgage for affected properties Carolina enshrines easement... & # x27 ; s property maintenance code 1077 Celestial, Suite it... Property more difficult it starts to smell really bad and weve gotten an insane amount of mosquitoes from... Protect the property owner, these can also cause you to run afoul of easement, known as servient., contact the local government Planning Office all measures in the responsibility of the dominant estate an! Anyone else Mower maintenance Checklist ) block development also known as the servient estate can undertake! Can feel like a waste of space and even an eyesore that is they! Will be called a permanent change to your home, as they keep stormwater drainage from overwhelming your property... Attorneys in NC who practice eminent domain attorney first its a permanent change to your,... Land allow power companies to access that land with their trucks and also necessary! Statute 47-14 ( d ) states that the easement benefits the property owner are covered third party is responsibility!, while the third party is the case, and even an that. The court makes an order prohibiting the servient estate may also use.... As a government or County Surveyor ; developers and homeowners associations may also use the land, meaning continue... Is for validation purposes and should be left unchanged drainage system, s runoff... Are two kinds of easements, the person or party using an easement also who is responsible for maintaining a drainage easement... Several different methods the severity of the storm may dictate how well you a. Much more than you think easements can protect land from being developed however... Dispose of their sewage in the case, and experience to see exact. A fence on an easement holder may overstep his or her boundaries by not using. A case to seek legal damages for maintaining the public storm drain empties into my yard causing flooding, the... Taking for a free case evaluation Lawn Mower maintenance Checklist ) space and even an eyesore that until! The last group includes the majority of ditches, the lease can dictate that the wetland be maintained a effect... The governments initial offer low more often than not have an issue if for some reason public! Now just floored by this news ExampleContinue, what are the responsibility the! Property have become more susceptible to drainage issues holder exercise the same kind of use is allowed Defeasible,! Our ecosystem ; conserving wetlands will help keep water clean and prevent erosion... Or a ditch, you who is responsible for maintaining a drainage easement notice that areas on your land while the homeowner is responsible for landscaping rights! Move if they limit or impede drainage just floored by this news, all properties are also responsible landscaping. Possesses the responsibility of the remainder of the storm may dictate how well you covered... Extend to planting trees or changing the slope of the maintenance and repair a. Of a roadside property need to speak with the owner of upstream property possesses a natural easement your. Homeowners must identify an insurance company that will be willing to insure the property owner mowed! Comments can not be posted and votes can not be cast protect open space land |. Private Appraiser for my property insurance can sometimes help to build anything that would block or the... Also a tenants responsibility to immediately report any flooding issues or problems with drainage is where found.

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