Neighbor has waterlines running through my property and across the driveway.

[mountainqueen]

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

My delima is the neighbor has his water lines running across our front property ( approx 200 ft ) and then across the driveway. We have recently done some restructuring of our driveway and landscaping. We were very carefull about not breaking their water lines, as they threatened us with litigation if we did, and stated they would not give 'approval' for the changes.

We bought this property several years ago and have legal property surveys on file with the county. The snag is the property 'used' to belong to the family trust in which the neighbors are in charge of.

The water lines were never documented with the county and their is no recorded water line easement.

Can we send a letter of deman to have them re-run their water lines off our property? We have consulted an attorney and he believes we can file the needed documents with the county ourselves.

Any suggestions?

 

[Mass_Shyster]

We have consulted an attorney and he believes we can file the needed documents with the county ourselves.
Any suggestions?

Nobody here has more information than an attorney who has already looked into the matter.

 

[FarmerJ]

So do you know where your own homes water main runs? and is this city water ? ( are they located on a road that has city water /sewer lines that could be tapped with out crossing anyone elses land ? )

 

[mountainqueen]

So do you know where your own homes water main runs? and is this city water ? ( are they located on a road that has city water /sewer lines that could be tapped with out crossing anyone elses land ? )

Yes our lines have been located and marked. Not city water, but a co-op [we live in a township] The county would have to set a new meter from the road and the neighbor would have to run lines to his home. This would not interfere with any other property or easement infringments. I do know we are coming up fast on the 10 year mark and after that the neighbor has the right to claim the easement.

 

[mountainqueen]

Nobody here has more information than an attorney who has already looked into the matter.

No attorney has 'looked' into the matter, simply a phone call was placed afte speaking to the utilities commission, water company, and the county offices. Attorney's can be very costly. Simply seeking information and or personal experiences.

 

[TigerD]

No attorney has 'looked' into the matter, simply a phone call was placed afte speaking to the utilities commission, water company, and the county offices. Attorney's can be very costly. Simply seeking information and or personal experiences.

There is a reason for this.

DC

 

[TigerD]

When were the homes built?

DC

 

[mountainqueen]

There is a reason for this.

DC

There is...I didnt ask them to.

 

[mountainqueen]

When were the homes built?

DC

Water line the crosses the property was installed in december 2004,when they built the home, so we are still within the 10 year 'assumed waterline esements' per the county and state.

 

[mountainqueen]

I have the understanding and documents the court requires to file a 'improper installation of utilities, and violation of the water line easements'

We would not have even known if we had not replaced the drainage system and improved the driveway. When we purchased our home, there were no recorded documents concerning this, nor was there a permit issued for them to utilize the meter or the land. This is not the only issue of encrochment they have violated. However this is an issue that needs resolve immediately.

The water company said for us to issue a 10 day demand letter to remove the illegal water tap, or face loss of water service.

 

[TigerD]

We bought this property several years ago and have legal property surveys on file with the county. The snag is the property 'used' to belong to the family trust in which the neighbors are in charge of.

Water line the crosses the property was installed in december 2004,when they built the home

Look up implied easement.
Hire a lawyer.

DC

 

[mountainqueen]

Look up implied easement.
Hire a lawyer.

DC

In Arizona an 'implied easement' does not transfer when the property is sold. Neither does a hand shake agreement.

We have plans to meet with one this next week.

Like I said I was looking to see if anyone else had been through this, or possibly an attorneys view if they pass through this site for a heads up.

 

[TigerD]

In Arizona an 'implied easement' does not transfer when the property is sold.

Good luck with that.

DC

 

[justalayman]

In Arizona an 'implied easement' does not transfer when the property is sold.

what? do you really know what you are saying there? I would guess not.

The snag is the property 'used' to belong to the family trust in which the neighbors are in charge of.

why is that a snag? It really isn't. In fact, it is irrelevant.

'assumed waterline esements'

an assumed waterline easement? That's a new type of easement to me. How do you assume an easement?

The water company said for us to issue a 10 day demand letter to remove the illegal water tap, or face loss of water service.

well Hell, there you go. I would have to presume that the water company will turn off their water. Why you would have to send such a letter is beyond me. If it is illegal, the water company should be making the demand.

 

[mountainqueen]

I found this site and posted thinking I would get a little insight from others.

Instead I find harsh, rude and totally inappropriate behavior from posters who are NOT attorneys ( according to their profiles ) but think they know it all.

I have done my research and spoke to the county and state officials. They provided me with a lot of documents and information. They cannot however, tell you tthe laws or make suggestions for resolutions, but Im cetain you knew that already.

The terminology I have used came DIRECTLY from the utilities commission for the state, Im quite certain they know more than you.

Might I suggest that if you are going to respond to people on this site who are looking for answers, a sensitivity class may be in order.