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Oklahoma neighbor water line easement issue

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wise5guys

Guest
What is the name of your state? Oklahoma. Issue. Neighbor has dug 1/8 mile of trench across my property for new waterline. He has ingress and egress (no improvement rights noted) electric line (above ground) and water line easement to a well on my property. Question: Does the easment give the neighbor the right to install a new water line trench without permission or proper notification? His issue was it was leaking "somewhere".
I personnaly told him that he did not have permission to do any thing on my property without prior written approval, except "emergency repairs".
Thanks!
 


FarmerJ

Senior Member
a leaking water line is a emergency repair . If it was his sewer line leaking on your property you would want it fixed ASAP ???? Just wait and see if your neighbor takes reasonable steps to repair damages done from digging . In some places soil conditions are such that waterline leaks can create sinkholes wich make even more damage . if they have never done anything in the past to your property that wasnt connected to the maintanence of that line and well head likely there will be no problem as long as they restore the damage . If you think that you need to speak to a atty about this matter feel free to use the links up top and locate a real estate atty to review all your documents about the easement .
 

HomeGuru

Senior Member
wise5guys said:
What is the name of your state? Oklahoma. Issue. Neighbor has dug 1/8 mile of trench across my property for new waterline. He has ingress and egress (no improvement rights noted) electric line (above ground) and water line easement to a well on my property. Question: Does the easment give the neighbor the right to install a new water line trench without permission or proper notification? His issue was it was leaking "somewhere".
I personnaly told him that he did not have permission to do any thing on my property without prior written approval, except "emergency repairs".
Thanks!
**A; and why do you not think that repairing a water line is not considered an emergency repair?
 
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wise5guys

Guest
Once again, thanks for the time!

My definition of "Emergency Repair" would be to dig up the spot that's leaking, repair it, and cover it back up. I would not dig the whole water line. In my opinion, he's guessing that his water line is leaking and has no proof, i.e., water pumping out of the ground, really green grass during a drought, etc., that the line was leaking. THE SAGA CONTINUES....

The question now arises "why would he go through he time and money to dig the new line?" I just learned that he is disconnecting from the well and connecting to the rural water supply that just arrived at my end of the property. He had the abstract company try to send me a new easement agreement (two years after I purchased the land) with the words such as enjoyment of driveway, pump and water line easement. I said "NO" and sent it back. Now, the meat of the issue... The new meter is one inch, his new line he's putting in, 1 inch. Old water line connected to the well, 3/4 inch.

It gets better! I discovered that the well pump has been disconnected for the past year and that he has been hauling water to his house. How could he know the line was leaking? His well is probably having issues, as it did before he purchased the place. Told to me by the well man who services it.

Basically, he's told me he will do what he wants on my land since the road, ditches and gate were "ours" and not mine.

Direct from the ROAD and UTILTIY EASEMENT contract......"assigns, party of the second part, an easement for the purpose of ingress and egress, a well house, and utilities, over, upon, and across the property, more particularly described as follows: West 78 feet of ....... The easement shall remain in full force and effect until the grantee or grantee's heirs or assigns obtain rural water to the property. When rural water is available to the above described property then at that time this easement shall cover only the property necessary for a waterline."

I'll let him put a line to connect to the rural water since I get the well. But he now plans on putting a booster pump on the property to push the water up 1/4 mile. He doesn't have my permission. I found this out from the abstract company.

Question: How can I stop all this aggravated mess while staying neighborly, yet letting him know it's my property?

Question #2. If he does connect to the rural water, can I stop his egress and ingress as stated in the original contract above?

His prior life before moving to the country was a VP of an Airline and he always lived in a gated community. Also, he's was very PO at me that I wouldn't sell him some of my land to build a house for his mother.

Apologies for the long reading.
 

FarmerJ

Senior Member
This is where a real estate atty will come in for you , the atty can review your documents draw up a letter telling him what he can and cannot do and remind him legally of what your options will be (suing him ) should he seek to do anything not allowed in the current easement . If your phone books stink as bad as mine do in my local area .I suggest you use the sites search tools to locate a real estate atty . BUT before you do that you may want to consider contacting your local water authority to learn if at the time one hooks up to ``city water`` if they also must replace the waterline to the 1 inch size and where if new line has to be installed it must be run to . SO you can learn if it also has to be completely on his own land and if he will be required to have the well properly sealed if its failed . even if it is not on his land !
 
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wise5guys

Guest
Thanks!

I'll get the answers about capping the well on Monday. As for the new water line, the city employee that installed the meter, stated that it's perfectly fine to reduce down from a 1" line to a 3/4" line. I asked this because I also intend to run a water line to my house, when I build it...after I retire. Reducing down increases pressure. "Why the new line" is the mystery? I bet the booster pump, that the abstract company talked about, has something to do with it.

Wait and see will be the motto until I can work out the legal side. Same goes for the covering of the ditch that has already been dug.

All, thanks for your time and input!

I'm currently stationed in CA while the land is back in OK. I'll be deploying back to who-knows-where in a couple of months and this is one issue that is rubbing me wrong since I'm not physically there. Phone conversations only work so well.

Again, thanks!
 
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wise5guys

Guest
Oklahoma Water line..star date entry #7

New info....

Talked to Rural H2O district...supply line from well must be capped, but not the well. This prevents cross contamination. The water company does not require a new line!
Summary: Neighbor Dug across property: NO permission(possible interp. of emergency repair)...no proof that line has been leaking since well hasn't been on for over a year (verified by calling electric company (meter specifically for pump house) for monthly average) and no water has been flowing.
Trench has now been open for over two weeks.
Advised: RE Att to issue a CURE notice with specifics spelled out. Wait and see if he restores the land to original condition.

Did I miss anything?

Thanks!
 
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wise5guys

Guest
OK water line update

OK

The neighbor did a really good job picking up the mess and filling in the trench across one of my main access routes (about 25 feet). The rest is still pretty rough with erossion occurring (1/8 mile).

I noticed the neighbor and his kids picking up the rocks that were dug up from the new water line as well as the old, dug up, water line that he left on the side of my property for three weeks.

I've taken lots of pictures and started a log book just in case of future issues and conversations. However, I am satisfied with the portion of landscaping that he completed. It was done like I would have done it. So I expect he will do the same for the last 1/8 mile.


Thanks for the help!
 

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