Easement question & documentation

[berlyn]

What is the name of your state?What is the name of your state? Texas
Exactly what is a prescriptive easement??
How hard is it to obtain one in Texas??
We have a waterline that goes through new neighbors property who is gripping about it. Waterline has been there over 50 years.
What documentation should we seek to prove the waterline has been there??
We would like to have the documentation and any other paperwork before we see a real estate attorney, which will be in 2 weeks when hubby gets home.
We just want to line our ducks up.
Any suggestions welcomed!!

Thanks,
Berlyn

 

[FarmerJ]

If your water line is connected to a city water system ask your city if they have a map or documentation of when the line was put in and where the tap on the main line was in relation to yours and other propertys. some city water depts do have such records .

 

[berlyn]

I have already requested via e-mail to the deputy director of city water dept. when our waterline and city meter was installed. That is who I've been talking to this matter about. He is the one who said I have "prescriptive rights", see an attorney, civil matter not city matter. He did say there in no waterline on my street/block nor has there ever been one.

I do know from past research on my house history, it was on a 1/4 city block originally (1902) then divided up in 1938, at that time the new neighbors house was built. Should I get or have copies of that deed?? I doubt there was any ROW or easement in deeds. They believed in a persons word and handshake back then.
Thanks so much!!

 

[HomeGuru]

You have a very good case to shut the neighbor up.