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Getting a Water Easement

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CaptSteve

Junior Member
What is the name of your state?What is the name of your state? Hawaii
I am attempting to buy a house that has a water line that runs through the next door neighbor's property. No one ever created an easement for the water line 30 years prior and the neighbor does not want to sign one. He is letting the water line stay in place but I am concern he could have it removed.
Please let me know if there is any grandfathered by prescriptive easement precedent.
Thank you,
Steve from Maui
 


FarmerJ

Senior Member
If this is city water supply you need to contact your city. wether your nieghbor likes it or not there is a easement now in place . Some day your city could require you to relocate the line .like at the time the line fails and must be replaced . Your city could add a notation to the nieghbors property that should there ever be changes made like a tear down . about the water line so your service is wont be disrupted . So start with your city and see what they can record onto the tap records for the nieghbors property . your nieghbor likely cannot just cut off the line If they did so the city may go after them If the city owns the line .
 

HomeGuru

Senior Member
CaptSteve said:
What is the name of your state?What is the name of your state? Hawaii
I am attempting to buy a house that has a water line that runs through the next door neighbor's property. No one ever created an easement for the water line 30 years prior and the neighbor does not want to sign one. He is letting the water line stay in place but I am concern he could have it removed.
Please let me know if there is any grandfathered by prescriptive easement precedent.
Thank you,
Steve from Maui

**A: yes there is in most cases. You could go to court if needed but local legal research must be completed.
 

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