My waer meter is in neighbor's house and he wants it out

[JerReilly]

What is the name of your state (only U.S. law)? Massachusetts
About four years ago I bought an old (1840's) house. About six months later I found out that my water meter and main water feed for my house are in a neighbor's house on a different street (behind me). Very curious indeed but we just chalked it up as one of the many quirks of this house.

The house with our meter in it was just sold. The new owner discovered our meter and wants it removed - not an unreasonable desire. I contacted the city, they said that they could bring a new water line to the front of my house and they would pay for that. It would be my responsibility to pay to bring the line from the street into my house (excavation, etc) and to pay for the hookup to my plumbing system. Given the expense, I'd be happiest to just leave everything as it is.

My neighbor is insistent, so I suggested that we split the expense. He says it's not his problem and that "you can't have your plumbing in my house".

So my question is: Given that my meter and main have been in that house for 100+ years and during that time both properties have had multiple owners, do I have any legal right to leave my meter there? From the point of view of the law, is this my problem, his problem, or both of ours?

Also, the deed for neither house mention this oddity and there appears to by no formal easement on record.

 

[latigo]

What is the name of your state (only U.S. law)? Massachusetts
About four years ago I bought an old (1840's) house. About six months later I found out that my water meter and main water feed for my house are in a neighbor's house on a different street (behind me). Very curious indeed but we just chalked it up as one of the many quirks of this house.

The house with our meter in it was just sold. The new owner discovered our meter and wants it removed - not an unreasonable desire. I contacted the city, they said that they could bring a new water line to the front of my house and they would pay for that. It would be my responsibility to pay to bring the line from the street into my house (excavation, etc) and to pay for the hookup to my plumbing system. Given the expense, I'd be happiest to just leave everything as it is.

My neighbor is insistent, so I suggested that we split the expense. He says it's not his problem and that "you can't have your plumbing in my house".

So my question is: Given that my meter and main have been in that house for 100+ years and during that time both properties have had multiple owners, do I have any legal right to leave my meter there? From the point of view of the law, is this my problem, his problem, or both of ours?

Also, the deed for neither house mention this oddity and there appears to by no formal easement on record.

Did you explain to the grouch that your "plumbing" was in his house when he bought it and he is fortunate that it didn't include your privy and bidet as well? And that if messes with it, he will be exposing himself to a lawsuit for unlawfully interfering with your easement rights? (Just don't expect to soon be invited over for a cook out.)

If he is so anxious to have the meter removed, he can damn well pay to relocate the system. You are under no obligation to do so.

Its water passed the bridge/meter now, but before closing on your home why didn't you insist that your seller pay the cost of having the system relocated? Or simply buy both places?

Its always something, isn't it?

 

[FarmerJ]

Do your self a favor and find out from your city public works desk if your home has its own tap card for sewer ! why ? because back in the era of sewer and water line connections being dug by hand many cities allowed people to share a tap and and in some municipalities its possible that the home you are now in may not have had water and sewer in the road nearest to it when it was built and who knows its possible the two houses were owned by the same person so maybe your sewer runs to that other house too , if your city cannot find a tap card for your homes sewer line then damn good odds your sewer is also hooked onto that house too as in shared connection. SO do some research with your city hall and also take the time to learn what your cities rules are for when either your line between the houses fails or when the shared line fails ( you want to know if at that time you would be required to have new run from your home to the street out in front (provided there are connections there) with ancient water & sewer lines it is possible that you will indeed have to replace one or the other or even both and its most likely your city may not allow you to continue to stay connected via shared taps if there is a failure so look into it while everything is still working and if you must it may not be a bad idea to use the links up top and have a real estate atty draw up a letter for you that lays out that this shared tap has been in use for so long now that the courts would likely grant a easement to you because of that long term use.

 

[Just Blue]

Do your self a favor and find out from your city public works desk if your home has its own tap card for sewer ! why ? because back in the era of sewer and water line connections being dug by hand many cities allowed people to share a tap and and in some municipalities its possible that the home you are now in may not have had water and sewer in the road nearest to it when it was built and who knows its possible the two houses were owned by the same person so maybe your sewer runs to that other house too , if your city cannot find a tap card for your homes sewer line then damn good odds your sewer is also hooked onto that house too as in shared connection. SO do some research with your city hall and also take the time to learn what your cities rules are for when either your line between the houses fails or when the shared line fails ( you want to know if at that time you would be required to have new run from your home to the street out in front (provided there are connections there) with ancient water & sewer lines it is possible that you will indeed have to replace one or the other or even both and its most likely your city may not allow you to continue to stay connected via shared taps if there is a failure so look into it while everything is still working and if you must it may not be a bad idea to use the links up top and have a real estate atty draw up a letter for you that lays out that this shared tap has been in use for so long now that the courts would likely grant a easement to you because of that long term use.

This happened to me. Years ago I lived in Lynn. The house behind us had the sewer line that we shared. Owners daughter was flushing Pampers in the toilet. Sweet. Caused a backup of sewerage that cost me thousands of dollars in damage. His insurance convered it. But I lost stuff that can not be replaced.

 

[FarmerJ]

I had a duplex and I found out its sewer was shared when there was laundry water backing up into the concrete laundry tubs in the tiny basement of the place and neither of my tenants had clothes washers but it was summer and took a walk in between the houses and heard the washer so talked to the first floor tenant and she indeed had washer, let me look in that duplexes basement and thats when I saw the reason my properties sewer line went out the side wall of basement, it entered that ones basement then made a turn and connected to the sewer line wich was on the dirt floor before it dove under to the street, the guy that owned that house refused to share the bill for sewer cleaner to aug the line and had no idea the houses were on a shared sewer tap so when he refused to repair the house (many years of neglect that could have been simple to avoid like rain lead down the side of house comming down so it was taken down and then rain for the next few years & ice helped erode holes in the already quite aged siding to a point that the insulation showed ) so he had it torn down, after all dad gave it to him when he graduated from college with no debt and all he had to do was milk it for the rent , I had the city stop him during tear down to force the company doing the tear down to protect the sewer line since they had no plans to do so and the owner of it never told them of the shared line ) contractor was a bit mad but thats when I took the time to learn what the city required when there was line replacements to do ( luckily for me when that house was torn down then the city said a replacement structure would have to have its own line to the main in street if any other were ever built)

 

[JerReilly]

Thanks FarmerJ. Yes, our sewer line is also shared - i.e. it goes from my house, to his house, to street. He doesn't care about that, he only wants my water line and meter out of his basement.

 

[BuffettFan]

Thanks FarmerJ. Yes, our sewer line is also shared - i.e. it goes from my house, to his house, to street. He doesn't care about that, he only wants my water line and meter out of his basement.

Have to ask, do you get regular water/sewer bills then?

 

[fence234243]

I'm surprised they're not stealing your water and not complaining about the meter.