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Easement for Irrigation Ditch + Uncooperative Neighbor

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kimberley

Junior Member
What is the name of your state? Utah

I posted a few days ago about a neighbor who cut down trees on my mom's property. Now she has piped off the ditch that is on my mom's property, to where my mom cannot access the shares of water she owns. The woman thinks the ditch is on her property, however it is not. The ditch is on a 10' easement that exisits on my mom's property. She put in a headgate that lets the water flow down the ditch, and punched a hole out and stretched out a pipe coming out of the headgate onto her property. She told the weir-master that she was going to put in a 4 way head gate, giving access to my mom's property. Flat out lie. While her ex-husband was cementing in the pipe and headgate into the ditch my brother went and had a talk with him. He said that "when your mom wants access, all she needs to do is punch out another hole in the [cement] headgate and lay pipe to put onto her property." My mom is 62 years old, and weighs about 110 lbs. There is no physical way she can do that without hiring someone.

We are the third bordering neighbors in which she has cut access to the water from this ditch that is on the three-property owner’s easement.

What rights does my mom have?

Can she legally remove the pipe &/or the headgate, as they both now reside on her property?

Can the neighbors get together and hire a common lawyer and begin a class action law suit against the rich woman who stated to one neighbor "With money I can do whatever I want." ?

I am at my wits end with this woman. She blatantly refuses to work with the neighbors, and does what she pleases. She did send my mom a check for $100 dollars for the two 30+ year old trees she cut down last fall. (The check came a day after I told her I was going to hire a lawyer and sue her.)

Now that she admitted guilt about cutting down trees on my mom's property, can my mom sue if she doesn't cash the check?

Any advice would be great. If anyone knows of a lawyer in Utah who would work for little money would be great too. My mom doesn't have the money to fight this woman in court, which is something the woman takes advantage of.

Thank you... Kim
 



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