Water Line Dispute

[nights10s]

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

My father-in-law lives in Houston, Texas and his next door neighbor wants to build a new house on the adjacent property which is currently empty and on the corner of our block. The only problem is that my father-in-law's water line runs through our neighbor's property. Our water meter and water line are on his property, and connect to the city water line on the perpendicular street to the one that is in front of our house.

My question is who is responsible for moving the water line? I went to the public works and engineering department and they told me that it was the developer's responsibility. When I ask the property owner, he says that he is just going to cut off the water and that my father-in-law is free to pursue legal action if he wants. He told me that a city attorney told him to just go ahead and cut off my father-in-law's water if we don't move it ourselves.

Thank you for any advice you can offer me, I greatly appreciate any helpful advice you can offer.

[wesawitbleed]

you could always call the water company to see what they have to say about it.

[drewguy]

And check your title to determine whether there's an easement allowing the water line.

Or, if not, offer the owner money for one.

[154NH773]

And check your title to determine whether there's an easement allowing the water line.

I would do a title search of your neighbor's property to see if an easement was ever granted to either your property, or to the utility company, for the waterline.

If there is no easement for the line, then you may have to pay for the rerouting of the line. If the property was recently developed, and the developer installed the line, you may be able to go after him to relocate it.

[nights10s]

Thank you all for your responses. Another question:

The neighbor has threatened to cut off my father-in-law's water and begin construction. We have not yet looked for someone to reroute the waterline because we have still yet to determine whether or not there is an easment for it to be on his property, contact the utility company, and contact the original develper.

Is he able to cut off my father-in-law's water like that before we can get someone to reroute it (assumng it is our responsibility) if he hypothetically decides to begin construction tomorrow?

[154NH773]

Is he able to cut off my father-in-law's water like that before we can get someone to reroute it (assumng it is our responsibility) if he hypothetically decides to begin construction tomorrow?

That is a much more difficult question to answer, and I'll leave it to the lawyers to answer; but, my thought is that you could ask for a court to issue and injunction preventing him from proceeding.
You might, however, be liable for damages if you do not have an easement or a right to cross his property with your line, and the injunction damages him by holding up his project.
You should probably consult with a lawyer.
If you do have an easement, then he might be held liable for your court costs and lawyer fees.
A title search can be done in a matter of minutes at the Registry in most cases, by you or a title company. Get it NOW.
A previous post suggested calling the water company; have you done that? They might be able to give you some direction or advice.

[drewguy]

He'd better be absolutely certain there's no easement or other right for the pipe to be there. Otherwise he's liable at least for damages, and there may be penalties of other sorts for destroying a water line (in some places the water line may be water company property up to the meter in the house or some other location).

The other thing is that if the water line has been there for a long time, there may be an argument for a prescriptive easement (sort of like adverse possession). If you can establish that he also could not remove it.

Is there some reason why he needs to remove it for his construction to begin? It seems to me that unless he's entirely hostile an answer of "I think we need to establish whether we have a right to have the pipe there. If not, we'll move it, but if so, then it should remain. There's no need to destroy the pipe if it's legally there, and certainly you don't want that expense. Can you leave the pipe for now while we resolve the issue?"

[justalayman]

I would bet there is not easement. Utility companies often take the easiest route and if there is nobody around to argue it, they often commit such improper actions as crossing property when they should not.

So, who is liable to pay:

If there is an easement; the owner of the land that wants it moved is liable

if there is no easement, you will have to research who put the line in and who directed them to install it where it is.

If the utility company put it in without direction from outside sources, they would be liable to replace the line to a legally allowable installation. Either the initial installation was paid for at the time it was installed or it was part of a utility upgrade and as such, was effectively paid for by either the particular property owner or in a special assessment or via taxes. If the utility company installed it, location determined by themselves, there is no reason a consumer should now be penalized for their error.

If the original developer directed the placement, they would ultimately be liable, if you can find them and if they have any money, go after them. If neither is promising, you then, would simply get stuck with the costs.


drewguy: a couple of the several elements required for AP or prescriptive easement are generally; open, notorious, obvious, known, or whatever term any given state uses that generally states a hidden use cannot become a prescriptive easement nor a basis for a claim of adverse possession. The use must be able to be seen. A water line generally will not be allowed under either claim unless the person the claim is against was aware of the encumbrance. Even then, it often becomes a matter of it was with permission, which of course, prevents any claim or AP or PE.

[justalayman]

Originally Posted by nights10s

Is he able to cut off my father-in-law's water like that before we can get someone to reroute it (assumng it is our responsibility) if he hypothetically decides to begin construction tomorrow?

even if the water line is there illegally, he might still be liable for your loss of water. The courts often do not like self help or rash actions to remedy a situation, especially if it was not immediately required.

you should be speaking with a lawyer to assist if you cannot get the neighbor to forestall cutting the line until you have had a reasonable time to investigate.

understand that you and he will have different definitions of "reasonable".

[drewguy]

Justalayman- no disagreement. Just throwing it out there as a possibility. There may be something sufficiently "open" such as valves but we don't have the facts needed. It's uphill for sure but something to consider at least briefly.

[nights10s]

Thank you all for your help thusfar, this community is very helpful, but I have another question.

The water line is less than 6 inches under the ground as is very prone to damage from a vehicle being parked on it or any type of construction that goes on nearby. The water meter is on the far side of the neighbor's property, and is connected to the city water line on the street perpendicular the street the houses are on. Since the water meter is above ground, would that qualify for a prescriptive easement?

[154NH773]

The water line is less than 6 inches under the ground

If your neighbor somehow disconnects your water service because he wants to proceed with construction, you can probably place a temporary service via flexible hose, right on the ground around his construction area. It appears that you are not in a frost or freeze area (6" depth), so a temporary line may be sufficient until you research and determine your rights.

[justalayman]

Originally Posted by nights10s

Since the water meter is above ground, would that qualify for a prescriptive easement?

I do not believe that would be a great support for a PE but it could be one bit of evidence that might add to others. Rather than a PE for the meter, the meter may be in the actual utility easement if it is near the road. That would remove and need for a PE claim.

the 6 inches under the ground: it still isn't visible. That again tends to make me think the water company put this in as a quick and dirty install and did not consider the vacant land being a separate parcel in their decision of where and how to run the line.

[John Se]

do you have your subdivision plat?, I would bet that, the street is dedicated wider that its physically improved dimension. That means the right of way is in the"yard". I would bet that the water line is in the right of way, therefore in the city's property or easement......non issue....the neighbor cant tear it up because its not in thier property. Many idgets think that just because the street ends that that is where the yard starts. Not ususally so.

[justalayman]

Originally Posted by John Se

do you have your subdivision plat?, I would bet that, the street is dedicated wider that its physically improved dimension. That means the right of way is in the"yard". I would bet that the water line is in the right of way, therefore in the city's property or easement......non issue....the neighbor cant tear it up because its not in thier property. Many idgets think that just because the street ends that that is where the yard starts. Not ususally so.

I get the impression the water line runs across the actual controlled section of the property but that is a good point.


night: this guy is on a corner? If so, how far from the street does this waterline run?