What is the name of your state?What is the name of your state? Texas
Background;
I have owned my house since 12/83 here in Texas. Originally my house has been on the same plot of land since 1902. Our new neighbor bought the house next door within the last year. Before the neighbors house was built, which was around 1935, our waterline ran through the neighbors backyard to the city meter. As it has since 1902 with no problems from former owners. New neighbor is gripping he wants our water line moved off his property, he claims he might want to put a pool in. I called city water dept. last week explained the situtation and to see if it was possible, we would move it. After much research on the cities part, being we are on the "original townsite" back from the 1800's there is no waterline on our street to connect to and would cost us $10,000 to have one installed. The deputy director of water consulted with the city attorney said that would be unrealistic for us and we have "prescriptive rights" and this is a legal matter between property owners and not a city matter. He kept telling me I had rights and to contact an attorney for advise everytime I asked a question. I had never heard of prescriptive rights till today.
What exactly are "prescriptive rights/easement" in Texas??
What is the qualifications and process to prescriptive rights??
Is it a long legal process and who decides??
I researched my house history several years back being it was built in 1880's and have gone through deed records and tax records at the city/county offices and still have my notes. I never did come across an easement or anything. But did learn that one of the former owners of my plot did divide the lot back in the 1930's and the new neighbors house was built in 1935.
So the waterline was there back then.
Any thoughts or suggestions???
It's always something
,
Berlyn
Background;
I have owned my house since 12/83 here in Texas. Originally my house has been on the same plot of land since 1902. Our new neighbor bought the house next door within the last year. Before the neighbors house was built, which was around 1935, our waterline ran through the neighbors backyard to the city meter. As it has since 1902 with no problems from former owners. New neighbor is gripping he wants our water line moved off his property, he claims he might want to put a pool in. I called city water dept. last week explained the situtation and to see if it was possible, we would move it. After much research on the cities part, being we are on the "original townsite" back from the 1800's there is no waterline on our street to connect to and would cost us $10,000 to have one installed. The deputy director of water consulted with the city attorney said that would be unrealistic for us and we have "prescriptive rights" and this is a legal matter between property owners and not a city matter. He kept telling me I had rights and to contact an attorney for advise everytime I asked a question. I had never heard of prescriptive rights till today.
What exactly are "prescriptive rights/easement" in Texas??
What is the qualifications and process to prescriptive rights??
Is it a long legal process and who decides??
I researched my house history several years back being it was built in 1880's and have gone through deed records and tax records at the city/county offices and still have my notes. I never did come across an easement or anything. But did learn that one of the former owners of my plot did divide the lot back in the 1930's and the new neighbors house was built in 1935.
So the waterline was there back then.
Any thoughts or suggestions???
It's always something
,Berlyn