Rural Water System Line without an Easement

What is the name of your state? Arizona
I recently purchased a ten year old home on 7.5 acres of land in a rural area. The water company which provides water to approx 58 homes in the community has their well on my property and do have a 20'X20' easement for the well and pump. My question is that the main line which feeds their storage tank cuts across my property and there is no easement for this. My home was built by the previous owner ON TOP of the water line. The well and water line have been in place for approx. 20 years but there has never been an easement put in place for it.

Can I require the watercompany to move the line to an already existing access easement in place to access the well?

[HomeGuru]

Originally posted by Jerrytintuit
What is the name of your state? Arizona
I recently purchased a ten year old home on 7.5 acres of land in a rural area. The water company which provides water to approx 58 homes in the community has their well on my property and do have a 20'X20' easement for the well and pump. My question is that the main line which feeds their storage tank cuts across my property and there is no easement for this. My home was built by the previous owner ON TOP of the water line. The well and water line have been in place for approx. 20 years but there has never been an easement put in place for it.

Can I require the watercompany to move the line to an already existing access easement in place to access the well?

**A: the water company has an unrecorded prescriptive easement.

An unrecorded prescriptive easement, huh. What does that mean in English and what are the implications?

[HomeGuru]

[quote]Originally posted by Jerrytintuit
[b]What is the name of your state? Arizona
Can I require the watercompany to move the line to an already existing access easement in place to access the well?

**A: response in English; yes, you can require them to move the line and they can say no thanks.

Wow. In looking at the other responses you've given other folks, I guess I shouldn't have expected anything different. I also should have realized that "Free" advice means you get what you pay for. My bad.

The responses you've given fall short of anything resembling "advice". I'll continue my search elsewhere and I'll also be ready to open my wallet to get some qualified advice. Don't wait by the phone.

O.K. here's the advice you want to hear.

Yes, you have every right to move the water line to any other place and/or location you wish.

How's that.

Oh, and here's the advice your attorney will tell you once you have moved the water line.

"Mr. Jerrytintuit, on who's advice did you move the water line? By so doing you now are liable for the cost incurred by the water company for relocating the water line back into the easement which the water company legally filed.

"While I wish you had come to me earlier, my advice at this time is to allow the water company to relocate the water line to its original postion and pray they do not send you a bill for damages, costs and legal fees should they decide to file charges."

Sincerely,

Your Attorney

[HomeGuru]

Originally posted by Jerrytintuit
Wow. In looking at the other responses you've given other folks, I guess I shouldn't have expected anything different. I also should have realized that "Free" advice means you get what you pay for. My bad.

The responses you've given fall short of anything resembling "advice". I'll continue my search elsewhere and I'll also be ready to open my wallet to get some qualified advice. Don't wait by the phone.

**A: how hard is it to use the search function and type in words prescriptive easement. Some people are too damn lazy and expect others to do the work for them and hand things to them on a silver platter. I guess Jerryt is not intuit.