Neighbors water meter and line are in the basement of MY house

[sne1516]

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

 

[STEPHAN]

write again and do not use the preview function, it is defective.

 

[FarmerJ]

it would truly help if you gave more info like the number one thing WHAT STATE are you in ? ( your city name can help to) and other info like is this one of them older row style houses ? is this where the main line comes into the basement for the whole structure ( in to your basement) is it just a side by side two family unit ? what year was it built ? have you called your city to learn if this is acceptable or under what conditions it must be changed ?

 

[Sloop John D]

write again and do not use the preview function, it is defective.

Any chance that will be fixed one day? Seems like it's been going on for a while.

Either way, it sounds like this is going to be an easement issue. Property experts get ready.

 

[FarmerJ]

sloop its all about the info the original poster did not supply SO sne1516 what else can you tell us about the house ? like if its not a town home or side by side then is it one single family house with a second home at the very rear or to the side ? ( you know two houses that look like they may have been squeezed into one city lot even if later on the lot was split into two parcels )

 

[sne1516]

Not a townhouse

it would truly help if you gave more info like the number one thing WHAT STATE are you in ? ( your city name can help to) and other info like is this one of them older row style houses ? is this where the main line comes into the basement for the whole structure ( in to your basement) is it just a side by side two family unit ? what year was it built ? have you called your city to learn if this is acceptable or under what conditions it must be changed ?

Alburnett, Iowa - This is not a town house, nor do the houses share a property. The only shared item is an easement that became the driveway. My house was build in 1910 and had a well. The house behind me was built later and shared the well until the city added the water lines in the 50's. The water line comes in on the south wall of the basement and gos back out. It is currently sitting on bricks and I have had plumbing issues with old pipes since I moved in.

 

[sne1516]

city response

Alburnett, Iowa - This is not a town house, nor do the houses share a property. The only shared item is an easement that became the driveway. My house was build in 1910 and had a well. The house behind me was built later and shared the well until the city added the water lines in the 50's. The water line comes in on the south wall of the basement and gos back out. It is currently sitting on bricks and I have had plumbing issues with old pipes since I moved in.

The city is aware of the situation and agree that the line must be taken out, but they believe the owner of that line should do it. Not the city or myself. Basically it comes down to liability issues. IF the pipe freezes (it is IOWA!) and bursts , my insurance will not cover damage caused by a water pipe that is not mine. If it starts to leak who is responsible for paying to get it fixed. Etc.

 

[OHRoadwarrior]

I suggest you read 21.3.5, which indicates the utility is responsible to pay for a change to an existing extension. It appears you need to file a complaint with the state utility commission and force the water department to alter their extension around your home.

At the time of attachment to the utility-owned equipment or facilities, the applicant shall transfer ownership of the extension to the utility and the utility shall book the original cost of construction of the extension as an advance for construction, and refunds shall be made to the applicant in accordance with 21.3(5) “c.” The utility shall be responsible for the operation and maintenance of the extension after attachment.

http://www.state.ia.us/government/com/util/rulemaking/index.html

 

[justalayman]

I suggest you read 21.3.5, which indicates the utility is responsible to pay for a change to an existing extension. It appears you need to file a complaint with the state utility commission and force the water department to alter their extension around your home.


http://www.state.ia.us/government/com/util/rulemaking/index.html

if you are going to claim the city is responsible to install a new extension, you might want to quote that section of the rules.

you also need to refer to the definitions, especially that of an extension:\

“Extensions” means a distribution main extension

we aren't talking about a distribution main extension here. We are speaking of a service connection here.

21.3(6) Service connections. In urban areas with well-defined streets, the utility shall control
(supervise the installation and maintenance of) that portion of the service pipe from its main to and
including the customer’s meter. A curb stop shall be installed at a convenient place between the property
line and the curb. All services shall include a curb stop and curb box or meter vault. In installations
where meters are installed in meter vaults incorporating a built-in valve, and are installed between
property line and curb, no separate curb stop and curb box is require

that says nothing about the city building the service connection.

Beyond that, even if it was an extension, as you are suggesting, the city would still not be obligated to install a new one. Per the rules, they take ownership once the customer installs it and from that point forward will maintain it. In either situation, that leaves the customer installing the new run to their house themselves.

 

[OHRoadwarrior]

We can disagree regarding interpretation. On reconsideration, you are likely correct. The state utility commission will make the determination. The problem with your argument is the city owns the line up to the meter. Iowa does not appear to have a state law covering prescriptive utility easements inside a residence. Therefore, the city erred in tapping into the existing piping to save money, when the well became defunct. Now it is a question of what is required to fix the problem. Now a home owner is challenging their right to have their line and meter for the other property, in his basement. The property violation is by the city. The only way they can resolve their violation, IMO is to run the line around OP's home and relocate their meter. Ultimately, the state utility commission might apportion aspects of the cost to both the water utility and the other homeowner. Regardless, OP's next move is to file the complaint as I suggested.

 

[sne1516]

thank you

Thank you all for your responses. I have filed a complaint and will see where it goes from there. At the current point, since it is Iowa and nothing will be done this winter, I need to determine who is liable for any damage caused by that line and get that in writing. What a nightmare!

 

[justalayman]

Somewhere along the line, the owner of op's house had to have granted permission for the installation as it is, even though it would appear to be a very dumb design. Due to that, I suspect the op is going to get a reply of: not our problem.

I believe op is either going to have to sue neighbor or risk being jailed (or worse depending on how the neighbor reacts) and turn off the water and refuse to turn it back on. I am not suggesting the latter given the previous experience suggests it will not be a fun time for any involv

 

[sne1516]

Somewhere along the line, the owner of op's house had to have granted permission for the installation as it is, even though it would appear to be a very dumb design. Due to that, I suspect the op is going to get a reply of: not our problem.

I believe op is either going to have to sue neighbor or risk being jailed (or worse depending on how the neighbor reacts) and turn off the water and refuse to turn it back on. I am not suggesting the latter given the previous experience suggests it will not be a fun time for any involv

I agree with you, however, I have already replaced many pipes in my home because they are old and cracking since it was built in 1910. My question then is who is responsible for any damage to my property, inside and out, that may be caused by a broken or cracked pipe that belongs to the neighbors and is in my house. Remember, I live in Iowa and winter is COLD!!!!!!

 

[justalayman]

I understand your concern. Is your basement not heated? Isn't your meter right there as well? If yours doesn't freeze, neither should your neighbors.

I also am not convinced your insurance would not cover the damage (not that I am suggesting waiting until there is an issue before updating things). It is a lawful installation so I do not see why they wouldn't cover damage.

Continue with the complaint and see where that goes. Given your actions, you may be beyond a negotiated settlement with the neighbor so all that really leaves is a court action.

 

[OHRoadwarrior]

The point is if/when OP goes to court, he will now be armed with legal direction provided by the state agency in charge of the issue.

Somewhere along the line, the owner of op's house had to have granted permission for the installation as it is, even though it would appear to be a very dumb design. Due to that, I suspect the op is going to get a reply of: not our problem.

I believe op is either going to have to sue neighbor or risk being jailed (or worse depending on how the neighbor reacts) and turn off the water and refuse to turn it back on. I am not suggesting the latter given the previous experience suggests it will not be a fun time for any involv