Whos liable in this situation?

[Casey]

A quick google search, since I'm not a lawyer, indicates property owners generally cannot interfere with public utilities. I'm willing to bet this ends up with you having an easement created on your property for this water line.

[shark79]

A quick google search, since I'm not a lawyer, indicates property owners generally cannot interfere with public utilities. I'm willing to bet this ends up with you having an easement created on your property for this water line.

Public utilities are supposed to be in a recorded easement. I think I would at least try to specify where the easement ran across my property for my future building plans.

[txwhitetail]

Keep their water off a couple days and they will start negotiating.

[Lexington]

Yep. He had 90 acres. I bought 85 and the other is 5. This is not my meter. This meter is from a county road at the back of my property. My meter is on opposite side of property.

Sounds like they had an implied easement if the two tracts were originally joined. I imagine you would be liable for damage if that's the case.

They'd also have an easement if the line has been there for a certain amount of time (several years) without contest.

[tigerscowboy]

Option 1: Repair the line break and when you do....add a split and valve for your future use.

Option 2: Do nothing and be burdened with all that follows

"Good fences make good neighbors"

[GarGuy]

A quick google search, since I'm not a lawyer, indicates property owners generally cannot interfere with public utilities. I'm willing to bet this ends up with you having an easement created on your property for this water line.

Im guessing public utility ends at the meter and the line from there to the house is not public.

[Mohawkman]

I had the same thing happen. In my situation it was with a co op water co. I was in the city limits. I had called the city, the gas company and dig test. No one new the line was there. The coop fixed the leak and sent me a big bill. Legal said no easement or written agreement no case. He sent them a letter telling them to leave me alone. You were on you property digging and had nothing to make you couldn’t. I would check with legal about them paying for an easement or moving the line to avoid problems in the future. It sounds like it was pretty shallow.

[bulltx50]

Yes involve lawyers so they can line their pockets, cause both you and neighbor headaches. Tension, blood pressure.(all sarcasm) Just fix it and deal with water company when you get back.

[cuttingedge]

Fix the line and then sue them to get it moved from your property. You may suffer legal ramifications if you cap it.

Besides, do you really want PO'd neighbors when you are going to be MIA for 10 days.

Take the high road. You'll be better for it.

I totally understand why it will be difficult to do, but I think in the end you will prevail

[Katch66]

Imagine there are only two roads to take here, the high road, and the low road. This is water we're talking about, not a pipeline of deer corn. Take the high road. Fix it and move on, but let them know they need to start figuring out a way to get it rerouted.

This. Sometimes you just have to be the better person. You will be blessed in the end.

[RutnBuk]

Option 1: Repair the line break and when you do....add a split and valve for your future use.

Option 2: Do nothing and be burdened with all that follows

"Good fences make good neighbors"

Yea they don't want to split cost of new fence either. We don't have any fence between us right now. From listening to most people here, I guess I should just build all the fences and repair this waterline so that I can be a good neighbor. And the bill for both of these added up will be a little over 5k. I know taking the hi road is the best thing to do but what do you do when you don't have the money?

[Peta-hata]

You won’t be liable for anything in this case. They should apologize for the whole mess and initiate the “good neighbor” thing by apologizing for the trouble and offering to pay to have a new line run that won’t be in your way for future projects. You could be a good neighbor and allow them to run it elsewhere on your land but that might depend on their attitude. What if you decide you want to build a shop right where the line is?? It needs to be moved and they should be more than willing to pay for it and ask permission to cross your property. Now if this line was marked by the title company and the water dept had it logged as a legal easment you would be liable.

[Casey]

Yea they don't want to split cost of new fence either. We don't have any fence between us right now. From listening to most people here, I guess I should just build all the fences and repair this waterline so that I can be a good neighbor.

If you want a fence...you should build it. I went through this with my first home. Not one neighbor wanted to help so I built the fence the way I wanted it. I held no ill will to them whatsoever. It was my desire and my choice to have a fence.

You're talking about someone's water. You broke the line and are now talking about denying them water over technicalities. Fix the line and start trying to address the overall issue.

Aside from that, are you certain your neighbors aren't "burn your house down crazy"?

[tps7742]

Its opposite. Ive owned my land longer and do live here. That place sat dormant for awhile. They've been there about 8 months. The speak no English so it really makes this situation tougher.

Got it, ooh good luck.

[Fishcat91]

Yea they don't want to split cost of new fence either. We don't have any fence between us right now. From listening to most people here, I guess I should just build all the fences and repair this waterline so that I can be a good neighbor. And the bill for both of these added up will be a little over 5k. I know taking the hi road is the best thing to do but what do you do when you don't have the money?

Mise well cook them dinner and offer them up a hot shower since they are out of water as well!