RonMar
Elite Member
Once they have the easement, they can go back and put in any size water line they want, as well as dig at any time for necessary repairs and maintenance. When in doubt, "just say NO"...
Problem with water easement
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Dargo
Super Member
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Before I built where I live now I think I had some of the worst neighbors possible. I lived in a subdivision where most lots were around a half an acre. I had about 3 and 1/2 acres with about 2 acres of it being a lake. First, everyone walked their dog on my property to do it's doody because they claimed that they had a "small yard" and didn't want their kids to step in it. Unreal! Then my next door neighbor had issues with his septic system and a contractor told him that it would be cheaper for him to run a drain line under my property over to a creek; also on my property. He called me one morning to ask me about doing so and I told him that I'd have to think about it. When I got home from work later that same day his contractor already had my yard all dug up and his line ran. Worse yet, the contractor only pushed the dirt back and never bothered to even make an effort to make it smooth.
Long story short, he got all nasty with me when I confronted him about not only putting the line across my property without permission and leaving a huge mess. I had to hire an attorney and expenses and troubles followed. He hired an attorney to fight me! I finally decided I'd had enough and just dug his line up where it entered my property and capped his line. I even covered up the hole I dug and never mentioned what I did.
Funny, about a week or two later they had a cleaning company at their house and another contractor putting in new carpet.
Things never got resolved and I finally moved. The people who bought my house were made aware of what he'd tried to do and that there was an unconnected pipe under part of the property; without any permission. A few years after I'd moved an old neighbor told me that they were still fighting over the issue big time. I'm so glad to be gone from there!
I only mention this because, like others said, there are all sorts of problems that can arise in your situation. I know it sounds like being a jerk, but you have to look after your investment (property) and your potential future uses of your property. In the situation I had my attorney had pretty well told me to just let him leave it in place without permission. That way I could move it any time in the future if I needed to. Unfortunately the neighbor was far too nasty for that. Good luck!
Long story short, he got all nasty with me when I confronted him about not only putting the line across my property without permission and leaving a huge mess. I had to hire an attorney and expenses and troubles followed. He hired an attorney to fight me! I finally decided I'd had enough and just dug his line up where it entered my property and capped his line. I even covered up the hole I dug and never mentioned what I did.
Funny, about a week or two later they had a cleaning company at their house and another contractor putting in new carpet.
Things never got resolved and I finally moved. The people who bought my house were made aware of what he'd tried to do and that there was an unconnected pipe under part of the property; without any permission. A few years after I'd moved an old neighbor told me that they were still fighting over the issue big time. I'm so glad to be gone from there!I only mention this because, like others said, there are all sorts of problems that can arise in your situation. I know it sounds like being a jerk, but you have to look after your investment (property) and your potential future uses of your property. In the situation I had my attorney had pretty well told me to just let him leave it in place without permission. That way I could move it any time in the future if I needed to. Unfortunately the neighbor was far too nasty for that. Good luck!
schmism
Super Member
consult a lawyer/survivor.
If the land behind you is trying to get a water main extension to sell land for a development, ask were the development is going to get its access to the "main road"
when they say "over there" then thats were you say put your water.
If they have "driveway" acess to the property and are considering building a house back there and want a "water service" through your property, you should be able to write other conditions along with the easement, ie its never to be used for a "road".
If this is on an existing property line, then remember even if you only sell 8' of ground to him, there is nothing that keeps your neighbor from selling him another 22' of HIS property, enough to create a "road" through.
If it was my ground, i wouldn't do it period under any circumstance.
If the land behind you is trying to get a water main extension to sell land for a development, ask were the development is going to get its access to the "main road"
when they say "over there" then thats were you say put your water.
If they have "driveway" acess to the property and are considering building a house back there and want a "water service" through your property, you should be able to write other conditions along with the easement, ie its never to be used for a "road".
If this is on an existing property line, then remember even if you only sell 8' of ground to him, there is nothing that keeps your neighbor from selling him another 22' of HIS property, enough to create a "road" through.
If it was my ground, i wouldn't do it period under any circumstance.
I called the rural water water department and they have not been contacted about this proposal yet. The manager there didnt reccomend I allow the easement. I also called my lawyer and he said he sees this every day and its not a good idea, even if its your own family wanting an easement. In my county I live in I would have to deed over 16' of my land and any utility or the county could even turn my easement into a county road. I hate to be a jerk but my neighbors have to understand I am not rich I only own 20 acres, and I dont need the worry about their little water line.
If they get an attitude about it that will tell me what kind of people they are. I have contacted them for years trying to buy a few acres from them and they didnt want to break it up. Another thing that bothers me is they didnt offer any kind of incentive. I dont have a fence on that side of my property that touches theres, that would have been nice. I still dont think its worth an easement though.
Another problem I was thinking of is, in my county RED FORK drilling is supposed to drill like 160 natural gas wells in the next year. If for some reason they want to drill on any land around me and I have an easement they need to use they could bring their noisy heavy machinery and all that and tear up my land. I dont even want to have to think about that being possible! Thanks to everyon who replied.
If they get an attitude about it that will tell me what kind of people they are. I have contacted them for years trying to buy a few acres from them and they didnt want to break it up. Another thing that bothers me is they didnt offer any kind of incentive. I dont have a fence on that side of my property that touches theres, that would have been nice. I still dont think its worth an easement though.
Another problem I was thinking of is, in my county RED FORK drilling is supposed to drill like 160 natural gas wells in the next year. If for some reason they want to drill on any land around me and I have an easement they need to use they could bring their noisy heavy machinery and all that and tear up my land. I dont even want to have to think about that being possible! Thanks to everyon who replied.
dqdave1
Veteran Member
I would not say no; Have an attorney draw up an easement stipulating what size line, easement is only for water of a certain size , and all stipulations you want and then state the amount of money needed to allow easement. Make it an amount that will MAKE you happy. They will say no thank you; you can live in piece. Neighbors might think you are greedy!