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Whos liable in this situation?

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    Whos liable in this situation?

    My property has a private waterline that runs about 500 yards thru it. The other day while grubbing some mesquite I hit it. I had no idea there was a waterline on my property. I bought the land a year ago and there are no easements according to title search. I contacted water company and they said that it was an unrecorded waterline put in many years ago for a cattle trough. Now someone has a house that runs off it where the trough used to be. The owners want me to pay to fix. I was told I could just say no and for them to stay off my property if I wanted to be an ***. Anyone have some advice I would appreciate it.

    #2
    Explain the situation to them and tell them you will split the cost of the repairs. If they say no, to bad. Cap it and let it be. I bet if you do that they will sue though. Tough spot.

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      #3
      why would you not fix the line ?

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        #4
        Originally posted by Hydestik View Post
        why would you not fix the line ?
        Exactly.

        It's not like it was fiber optic or something

        Sent from my SM-G930V using Tapatalk

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          #5
          I would fix it since you broke it.
          It will be cheaper than going through court etc.
          I would tell them that any future problems with the line, it will be up to them to cover any and all cost, and that you will check to see what legal options you might have concerning the phantom water line.
          You could always put your own valve on the line when you repair it.....Never know when you might need a water trough.
          Last edited by Jimbo47; 12-30-2017, 09:30 AM.

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            #6
            I would try and work it out with them.

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              #7
              Im just asking if Im liable for the repairs for damaging something on my property that I had no idea was there. Is that hard to understand?

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                #8
                Let it water your pasture for a few weeks.

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                  #9
                  I have asked them to split cost and we can run a new waterline along my fence all the way to their house and they can have their meter on their land and they declined that offer.

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                    #10
                    Where's this water coming from? City water? How could it not be recorded if it's city water they would have to have a meter somewhere.

                    To those who are saying "just fix it" It's not the LO problem someone ran a water line through his property with no easement.

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                      #11
                      Probably won’t be a good excuse that you didn’t know. Fix it and be a good neighbor or it may bite you in the future.

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                        #12
                        Originally posted by SwampRanger View Post
                        Let it water your pasture for a few weeks.
                        It did for awhile and thats why I dont want to fix. Theres mud everywhere and im headed out of town for 10 days. I really dont want anyone tearing up my place while im gone either.

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                          #13
                          Originally posted by RutnBuk View Post
                          I have asked them to split cost and we can run a new waterline along my fence all the way to their house and they can have their meter on their land and they declined that offer.
                          Then cap it. Tell them it's your water line.

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                            #14
                            Originally posted by RiverRat1 View Post
                            Where's this water coming from? City water? How could it not be recorded if it's city water they would have to have a meter somewhere.

                            To those who are saying "just fix it" It's not the LO problem someone ran a water line through his property with no easement.
                            Coming from a rural water company. The meter is in the bar ditch under years of grass. I had no idea what I hit and had no idea where to turn it off at.

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                              #15
                              I would fix it, otherwise it will lead to drama some time or the other.

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