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.