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

[Terminus]

Thoughts

First it seems that both houses are served by a public utility (not a privately held well) and are sharing the same water meter? If that is the case, first I would ask...who has been paying the water bill since you purchased the house? It definitely sounds like the tap may have been legal when both properties were in the name of the trust, but now that your parcel is out of the trust the tap is illegal. I would start here first of all, as I bet water bills are pretty big in Arizona and if you have been paying the bill yourself.....you might be able to sue them for compensation. As for the water commission, take what they say as far demanding the water line be rerouted with a grain of salt. IF they have two separately owned parcels using the same tap and meter, then they want things changed. Two meters, to taps, and two parcels means more money for the commission. So they want a new line installed.....I would try to get them to fight the fight on their dollar, not yours.

The other thing I do question though....is your use of the word "co-op". Are you implying that you and your neighbors are in a co-op for utilities? A setup were you all share the cost of utilities in your parcel grouping. If so, by being in a "co-op" could mean you are in agreement with the lay of all utilities just by being in the "co-op".....I have seen this only a few times in my surveying career and it always made for a big mess, but I have seen it.

As for the easement, you may have to do some title work in regards to the wording of the trust. If both properties were in the name of the trust in 2004, then when the water lines were installed the trust could not give itself an easement. Then when your parcel was pulled out of the trust, the easement should have been created. Now there is one other matter.....You mention driveway which leads me to believe that the waterlines are in front of your house. Do the waterlines follow the edge of the driveway to the offending property? It could be that the waterlines fall in a right of way easement along this driveway back to the other property. Now some states only see a right of way as an easement for ingress and egress, while other states view it as an easement for ingress, egress, and utilities. I don't know how Arizona views this situation, but it is a path I would look into.

There are a lot of avenues that can be pursued, but there are a few thoughts to mull over.

 

[Just Blue]

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.

As I will ASSUME you bothered to READ the TOS of this site BEFORE asking your question...You knew the "rules" for this forum.

I suggest, if looking for "sensitive" answers...;

www.iampronetohurtpleasebeextrasensitive.com

It is a wonderful site and works well with a person
of your...attitude.

I wish you well with your water issue.

 

[TheGeekess]

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.

Alrighty then.

 

[Mass_Shyster]

Instead I find harsh, rude and totally inappropriate behavior from posters who are NOT attorneys

Would you prefer harsh, rude, and totally inappropriate behavior from posters who ARE attorneys? If you do, we can accommodate you.

 

[justalayman]

Queenie,

You said you spoke with a lawyer about the issue. A poster said it would be best to listen to them. You came back and said you made a simple call but didn't really ask them anything because it would cost money.

You spoke of some "assumed waterline easement". What that is is anybody's guess but it is nothing I have ever heard of an can find absolutely nothing suggesting it is anything "real".

Then you say the water company told you to send a deman letter and tell them their illegal hookup would be disconnected. Why this water company doesn't enforqce the laws one would presume they have the authority to do that. You obviously do not have that authority. If the water company has stated it is an illegal hook up, the the people that enforce such laws should be taking care of the issue yet apparently they are not.

You make a statement about implied easements that made little sense and is incorrect in what sense it did make.

If you had all the answers before you came here, why are you here? The tenor of your posts suggests you can use a bit sensitivity training you suggest others need.

I guess the point is; why are you even here?

 

[FarmerJ]

Q not many things are super simple but when you had been asked questions the reason was to try to assist you in gathering alot of information that could at some point reduce the amount of time a Attorney would spend on it SUCH as this, If home that has its line running thru your property IS adjacent to a public street like a city /township/ county or state road IS there city water main that can be tapped into by that home who currently has its line thru your lot (because if there is then id say if your neighbors service was to be shut off this is too bad for them , they can start from scratch w new line and stay off your land). Do they have any kind of easement now ? they could seek a prescriptive easement thru the courts if you wont grant them one , claiming that they have a prescriptive easement would mean they have to show to the courts satisfaction that there is no other way for them to be connected but for that line to be thru someone elses property or to offer to the court other justifications for line being there.

 

[justalayman]

Do they have any kind of easement now ? they could seek a prescriptive easement thru the courts if you wont grant them one , claiming that they have a prescriptive easement would mean they have to show to the courts satisfaction that there is no other way for them to be connected but for that line to be thru someone elses property or to offer to the court other justifications for line being there

actually that would be an easement by necessity. The OP is concerned about a prescriptive easement ripening currently. A prescriptive easement is where another uses property without the owners permission for a requisite period of time. After such time they can have a court enforce the easement (as long as it met all requirements of the law). A person would sue for an easement by necessity where they have no other means to get from point A to point B other than the easement sought. That does not appear to be possible in this situation as the OP has stated the neighbor has direct access to the waterline.