Water Easement

[dusty123]

What is the name of your state?Question from PA

I own a property that has an easement with a neighbor’s property for sewer and water lines. My property and the neighbor’s property were vacant and for sale at about the same time. Each of us had the water turned off while they were vacant. However, my neighbor’s water has to be turned on in order for my property to receive water—it’s the way that the lines run. I’m about to sell my property and my neighbor is giving me a hard time about turning the water back on in their property. They’re concerned because they will have to start paying water/sewer bills for an unoccupied home. They’re also worried that they may have to heat the house so the pipes don’t freeze. I mentioned to them that there’s an easement in the deed to the property. My deed states” Together with the free and uninterrupted right in and use of all water, sewer and gas pipe lines used jointly or in common with the owner of ………(the other property.)” Does the easement protect me in this situation?

 

[seniorjudge]

Q: Does the easement protect me in this situation?

A: Yes; the neighbor knew that easement was on there when they bought the property. Obviously, the best situation is to get your own water line, but if you cannot, then the neigbhor will have to turn on his water and keep the place heated.

You didn't cause that situation.

 

[dusty123]

Thanks for the reply! If I have to take them to court, can I make them pay the court fees or lawyer fees? Or is that just my expense?

 

[STMN]

I am confused about how their water line has to be on. Generally a service line comes out of a water main then splits to two (or more) separate lines that end at water meters (then go from the meter to the house). Usually if a service line is turned off it is done at the meter, not at the main. Is the service line actually being turned off at the main with some kind of valve? Do you and your neighbor have separate water meters?

Even if it were a situation where there were no water meters at all, there should be a way for the neighbor to turn the water off that actually goes into their house. These are usually valve boxes at the point of separation of the services to the two houses. Are they just worried about paying fees instead of actual useage charges?

 

[dusty123]

My property is behind theirs so I'm not sure how the line runs or where it's split, etc. Both of us do have our own meters. The homes are older homes so this may have been the best way to run the lines at that time. The other property owner would have some fee to pay. It wouldn't be a whole lot since they would't be actually living in the home and running their water. As for the sewer, I think they would have to pay that regardless of use or not.

 

[STMN]

If there are meters then their water can be turned off at the meter and nothing you do should affect their water "use", unless there is something really wierd (even for old services) going on. There is no reason they would need to heat their pipes in that case.

UNLESS

there is a valve at the main to shut-off the water to a single service line to both lots (that then branches off to the two seperate meters). If the service line is not considered part of the Water Utility's property, and responsibility, then he (and you) could possibly be responsible if those pipes burst (between the main and the meter). Ususally though the Water Utility is responsible for the line until it reaches the water meter, and then the property owner is responsible for the line from the meter to the house. If the water service is in an easement the Water Utility may consider it the owner's responsibility as soon as it hits the private property line, but that would be very unusual.

 

[Timbo51]

That's odd. It sounds like the water company tried to get an easy way out, by splicing into or splitting from your neighbor's water. Your water should not be dependent on whether your neighbor's water is turned on or not. I would try to get the water company to re-route your water line. I don't know if you can legally make them do it, but I would "go after" the utility company before I would my neighbor in this situation.