expiring water line easement

[mikejohnson752]

What is the name of your state (only U.S. law)? Washington

Hi, we have an easement agreement with an adjacent property which allows our domestic residential water line to cross on the edges of their property to the street on the other side of their lot. There is no water supply on my street and our lot is too small for a well to be installed. I have had this agreement for 9 years and I had put an expiration date of 2011 on it in hopes that there would be water on my street.

There will not be any water on my street per the local water district. Thus, I need to continue using that water line. I have tried to make contact with the neighbor, but the house is vacant and we are selling our home. The Buyer would like the situation resolved.

If I cannot get another easement agreement, can they cut off my water supply? It is my sole source of water. I live in King County.What is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Washington

Hi, we have an easement agreement with an adjacent property which allows our domestic residential water line to cross on the edges of their property to the street on the other side of their lot. There is no water supply on my street and our lot is too small for a well to be installed. I have had this agreement for 9 years and I had put an expiration date of 2011 on it in hopes that there would be water on my street.

There will not be any water on my street per the local water district. Thus, I need to continue using that water line. I have tried to make contact with the neighbor, but the house is vacant and we are selling our home. The Buyer would like the situation resolved.

If I cannot get another easement agreement, can they cut off my water supply? It is my sole source of water. I live in King County.What is the name of your state (only U.S. law)?

**A: why did you play your own attorney? An attorney would have put in language that there be continued use of water and easement until such time as the public utility is in service etc.

 

[justalayman]

I cannot imagine a lot being too small for a well to be drilled. They take up the area of a 4 inch circle. Everything is either in that hole or inside the house.

The Buyer would like the situation resolved.

You might get lucky. I would demand it be resolved before the closing. If they would simply like it resolved, maybe they will continue with the sale even if you do not get it resolved.

If I cannot get another easement agreement, can they cut off my water supply?

Ya, pretty much.

 

[FlyingRon]

I cannot imagine a lot being too small for a well to be drilled. They take up the area of a 4 inch circle. Everything is either in that hole or inside the house.

Usually, there is a minimum distance from the structure, lot lines, and any septic facility that needs to be met.

 

[mikejohnson752]

yes, there is a well head radius that is 100'. my lot is only 165' wide. So, I would need an easement from somebody. We had been on a shared well, but they didn't share my concern about well maintenance on their property, so I literally begged a neighbor to give me an easement. Yes, I played my own attorney, but the agreement would have most likely been the same sunset.

 

[justalayman]

yes, there is a well head radius that is 100'. my lot is only 165' wide.

there are such things as variances and special exemptions. The city cannot refuse to allow you access to water. The neighbor can but not the government. If they allowed the situation to develop as it has, they are kind of stuck and must allow you some means to obtain water. Since a well might be your only possibility, they would be hard pressed to refuse you.


you might have something else here that is a benefit for you.

We had been on a shared well, but they didn't share my concern about well maintenance on their property, so I literally begged a neighbor to give me an easement.

depending on how the shared well situation developed, you might be able to require them to allow an easement, drill a well, or attach to their well. You need to speak with an attorney to review the facts to determine if you would have the right to demand the neighbor allow some form of access for you to have access to water.

 

[FlyingRon]

There are such things as variances, but well placement is a public health issue and frankly, if you lose legitmate access to water or septic, your property is condemned rather than them breaking the rules to allow an "unsafe" well to be installed. They are protecting both the occupants of the house and the underlying aquifer by these rules. I can't vouch for the posters original jurisdiction, but there are ZERO chance of getting an exception from those rules here.

I'm not sure how he got permission to build with only a temporary access to water. That wouldn't fly here either. He needs to actively pursue either getting access to municipal water (I suspect this can be done but it will cost money to have things rerouted) or getting the appropriate and permanent easement/right of way by either acquiescence of the current owner or legal action.

 

[HuAi]

In my state (PA) well and septic horizontal distances are controlled by state DEP guidelines, and all permit applications have to be approved by state DEP. Local municipality does not have authority to grant a variance.

 

[justalayman]

nobody said it was distance from a leachfield. If there are no leachfields within the legally mandated distance, a permit could be issued. What happens then is the person that needs to install a leachfield later would be restricted from placing one too close to the well. that happens as it is already so it would not be a undue restriction.



as well (no pun intended) a well is often allowed in a front yard but I have yet to see anybody set a leachfield in a front yard. As such, that would most likely allow the set-off distance from any possible leachfield.

but well placement is a public health issue and frankly, if you lose legitmate access to water or septic, your property is condemned rather than them breaking the rules to allow an "unsafe" well to be installed. They are protecting both the occupants of the house and the underlying aquifer by these rules. I can't vouch for the posters original jurisdiction, but there are ZERO chance of getting an exception from those rules here

first, we don't even know of the set off is for a leachfield. In fact, we know so little about the layout and laws in place to even speak intelligently in any specific fashion.

I posted what I did simply as an avenue for the OP to explore. Since you guys apparently have all the facts of the situation and claim it isn't feasible, I guess my post was a waste.

 

[FlyingRon]

It doesn't have to be a leachfield, that was just an example. I don't know how his state here, but in the three states I'm familiar with, arguing lack of use or necessity will *NOT* get you a variance on well restrictions. As I said, the solution here would be to CONDEMN your property rather than grant a variance.

 

[justalayman]

It doesn't have to be a leachfield, that was just an example. I don't know how his state here, but in the three states I'm familiar with, arguing lack of use or necessity will *NOT* get you a variance on well restrictions. As I said, the solution here would be to CONDEMN your property rather than grant a variance.

and as I said; my post was an attempt to provide a possible path for the OP to explore.

and as to condemning: that would give the OP an action against the municipality for allowing the division of the property that removed the possibility of the OP legally being able to obtain water. While it would likely be a difficult process, it is worth looking into if that is the only alternative left. In effect, the municipality's actions caused the OP's lot to become such that it could not be legally sustain a building whereas it could before. That could be argued as a 14th amendment claim.

 

[justalayman]

It doesn't have to be a leachfield, that was just an example. I don't know how his state here, but in the three states I'm familiar with, arguing lack of use or necessity will *NOT* get you a variance on well restrictions. As I said, the solution here would be to CONDEMN your property rather than grant a variance.

Oh, and in the one I am very familiar with, necessity can get you a lot. It got me a permit for a drainfield when the area is serviced by a municipal sewer and the situation of my property did allow for an argument of their action caused my lot to not be a buildable lot.

I didn't have to go to th extent of taking anything to court but they did accept the argument that their actions caused my lot to not be a buildable lot.

This type of argument may also cause the muni to extent the water to make the lot legal again rather than something more extreme such as the gov buying the property as well.