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Old 12-30-2017, 11:24 AM   #51
tps7742
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Originally Posted by RutnBuk View Post
I wish I knew if the law would back me. Thats what I dont know.
If you are a new landowner/weekender and the neighbors mentioned are locals or have a long term family name use caution. You may get a legal opinion that may work against you to grandfather them in. Right or wrong small communities have ways that most people might not agree with but it's the way works out sometimes.
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Old 12-30-2017, 11:24 AM   #52
RutnBuk
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Originally Posted by 35remington View Post
If you want a legal opinion, pay for a legal opinion.
Tried. Waiting to hear back. Of course hes on vacation right now too.
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Old 12-30-2017, 11:25 AM   #53
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Originally Posted by Cajun Blake View Post
my thoughts exactly ... fix, install a T and have your own water source
you get the idea
Yep. And you neighbor would be paying for your water at this faucet!😀
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Old 12-30-2017, 11:27 AM   #54
RutnBuk
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Originally Posted by tps7742 View Post
If you are a new landowner/weekender and the neighbors mentioned are locals or have a long term family name use caution. You may get a legal opinion that may work against you to grandfather them in. Right or wrong small communities have ways that most people might not agree with but it's the way works out sometimes.
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.
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Old 12-30-2017, 11:29 AM   #55
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Originally Posted by RutnBuk View Post
They can only run a new waterline if I give permission. The only way for them to access the rural water line is thru my place. Looks like Im gonna cap and move on.
I'm curious how this goes. Please keep us updated.
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Old 12-30-2017, 11:31 AM   #56
Ksbowhunter
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It's your waterline. Cut and cap it and let them know they can dig a well or buy an easement from you. That should get the ball rolling on your waterline issue and your fence issue
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Old 12-30-2017, 11:35 AM   #57
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From your description it sounds like squatters and they may have run the line while your property was vacant.
You really need to get legal advise and stand your ground since they seem not willing to work with you for some reason, and the more I read, I'm starting to understand why.
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Old 12-30-2017, 11:35 AM   #58
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I know with some utilities if they have been in place uncontested for a certain amount of years it becomes an automatic easement. I would definitely fix it as you can be held liable for the wasted water. Fix it then figure it out.
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Old 12-30-2017, 11:36 AM   #59
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My non-legal opinion is that it's a bad idea to have neighbors who hate you. Try to find a solution that everyone can live with.
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Old 12-30-2017, 11:38 AM   #60
leon.cty.legend
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Play hard ball with them !!
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Old 12-30-2017, 11:48 AM   #61
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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.
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Old 12-30-2017, 11:54 AM   #62
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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.
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Old 12-30-2017, 11:57 AM   #63
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Keep their water off a couple days and they will start negotiating.
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Old 12-30-2017, 11:57 AM   #64
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Originally Posted by RutnBuk View Post
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.

Last edited by Lexington; 12-30-2017 at 12:05 PM..
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Old 12-30-2017, 12:01 PM   #65
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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"
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Old 12-30-2017, 12:11 PM   #66
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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.
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Old 12-30-2017, 12:13 PM   #67
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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.
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Old 12-30-2017, 12:17 PM   #68
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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.
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Old 12-30-2017, 12:17 PM   #69
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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
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Old 12-30-2017, 12:19 PM   #70
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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.
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Old 12-30-2017, 12:29 PM   #71
RutnBuk
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Originally Posted by tigerscowboy View Post
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?

Last edited by RutnBuk; 12-30-2017 at 12:31 PM..
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Old 12-30-2017, 12:31 PM   #72
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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.
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Old 12-30-2017, 12:34 PM   #73
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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"?
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Old 12-30-2017, 12:36 PM   #74
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Originally Posted by RutnBuk View Post
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.
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Old 12-30-2017, 12:37 PM   #75
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Originally Posted by RutnBuk View Post
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!
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Old 12-30-2017, 12:39 PM   #76
RutnBuk
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Just found out that they knew the waterline was unrecorded and through my property when they bought their place. They never told me anything about it. I am not liable for anything. They were advised to talk with me about relocating their water meter but never did.
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Old 12-30-2017, 12:45 PM   #77
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Cap it. If they don’t want to play ball and get along cut them off.
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Old 12-30-2017, 12:47 PM   #78
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Originally Posted by RutnBuk View Post
Just found out that they knew the waterline was unrecorded and through my property when they bought their place. They never told me anything about it. I am not liable for anything. They were advised to talk with me about relocating their water meter but never did.
If that is the case, cap it and let them run their own line, with your permission of course. The way you have described them, I would not do anything to benefit them. To hell with being the good neighbor. JMO.
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Old 12-30-2017, 12:51 PM   #79
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#1 restore the water, that will show you acted in good faith when/if things get ugly. Keep all receipts and document time spent and any damage caused to your property.

#2 Spend some time thinking about what you really want to accomplish here.

Does the existence of this line diminish your use of your property in any way? Was it laid in properly at a reasonable depth not to be a hazard or a nuisance? If not, that would be your basis for caping the line and forcing them to reroute or buy an easement and put in a new line properly placed as not to cause issues for you. If it's not really an issue and you just want to punish them over the fence issue by holding their water hostage you certainly might have the leverage to do so.

In any case you should handle it with an attorney's advice. This would likely include paying the attorney to research all applicable law, giving proper legal notice and then capping the line. There is nothing stopping them from hiring their own attorney to try to stop your actions. This could of course drag on, you could lose and be out thousands of dollars in fees and gain nothing. Which leads back to #2, spend some time thinking about what you want to accomplish and if its worth a potentially expensive pissing match to get it.
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Old 12-30-2017, 12:52 PM   #80
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Talk to the water company yet?

I'd patch it using an inner-tube and wire. Send picture to your neighbor with a letter notifying him it needs to be relocated within 30 days.
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Old 12-30-2017, 12:53 PM   #81
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Fix..have BBQ..they buy beer...friends
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Old 12-30-2017, 12:54 PM   #82
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I agree if youve offered to them as you described and they're still refusing to relocate the line then there is only one road to take. What happens if a mysterious break happens in the 500' of waterline who is liable then?
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Old 12-30-2017, 12:55 PM   #83
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If they want to be Richards about it, I would cap and tell them to buy wet wipes.
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Old 12-30-2017, 01:07 PM   #84
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What size line is it? 2” or less I am sure. In not much more time than it took to read all of the comments you could just fix the line. As far as liability and cost l why worry about it? cost to fix it is very minimal...difinitely less than legal advice! Fittings are cheap!

Since you didn’t even know it was there I would say it isn’t bothering you much.

Last edited by Cantcatch5; 12-30-2017 at 01:13 PM..
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Old 12-30-2017, 01:20 PM   #85
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Just get some rubber hose and a couple of clamps to patch it. Go do your business for 10 days then come back and deal with it. It shouldn't cost must and gives you some piece of mind.
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Old 12-30-2017, 01:28 PM   #86
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Originally Posted by RutnBuk View Post
These people haven't wanted to get along with me since day 1. We share 1500' of land with no fence and they told me to go to hell when I asked to have a fence put up and we can split cost. They said they dont need a fence. Yes there was a title search. No the title company did not miss it. The water company told me it was unrecorded. I offered to split cost to have it moved to their property line and they declined. No idea about rent.


They don't sound to friendly. Cap it and be done.




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Old 12-30-2017, 01:32 PM   #87
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Treat it like a duck blind on public land!! Burn em out!! They won't have any water to put it out and sounds like they won't be able to talk to the fire department!!

Or don't!


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Old 12-30-2017, 01:33 PM   #88
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I would not do anything until I spoke to an attorney. You need to be really careful on this. You damaged a privately owned, unrecoreded, waterline. You are not liable for any damages right now and there may be recourse to force them to move it.

If you acknowledge it as their water line by fixing it you may find that you have implied their ownership of the waterline and their right to the water and the easment.
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Old 12-30-2017, 01:34 PM   #89
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I'm assuming it's PVC. It would be so easy to just fix it yourself, add a bib for your own use and leave it at that. In the mean time you can get advice from an attorney to see what your options are to avoid this in the future.
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Old 12-30-2017, 01:34 PM   #90
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What will it cost to fix it.Do they actually look to be financial to pay for all this. if they don't speak english, maybe they don't understand or have the money
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Old 12-30-2017, 01:43 PM   #91
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.

Last edited by Thumper; 12-30-2017 at 01:52 PM..
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Old 12-30-2017, 02:13 PM   #92
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Here my .02¢
If they're using my water, I'd cap it.

If they have their own meter and don't want to help fix it I'd cap it.

Either way I'd paint a few posts around my property purple and call it good.

http://www.geocachingaustin.com/refe...passingmarking

Last edited by Pushbutton2; 12-30-2017 at 02:16 PM..
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Old 12-30-2017, 02:28 PM   #93
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Have to agree with Turkeyhunter. Fix it and you are acknowledging they have ownership of water line on your land
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Old 12-30-2017, 02:31 PM   #94
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Quote:
Originally Posted by RutnBuk View Post
Just found out that they knew the waterline was unrecorded and through my property when they bought their place. They never told me anything about it. I am not liable for anything. They were advised to talk with me about relocating their water meter but never did.
Who did you find this out from? Is it the truth?
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Old 12-30-2017, 02:40 PM   #95
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I cant believe so many people have so many problems with their neighbors on here. Over little things...
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Old 12-30-2017, 02:48 PM   #96
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Update: After informing them I dont have to do anything or let anyone on my land to fix it, they decided to be friendly. I told them if they want it fixed they can do it themselves or hire whoever they want and gave them till noon tomm. They also will be helping with fence now.
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Old 12-30-2017, 02:53 PM   #97
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Update: After informing them I dont have to do anything or let anyone on my land to fix it, they decided to be friendly. I told them if they want it fixed they can do it themselves or hire whoever they want and gave them till noon tomm. They also will be helping with fence now.
So it all worked out, good news.
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Old 12-30-2017, 03:03 PM   #98
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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.
Sorry if this has been stated but there's a lot of bad info in here.

If there is no easement, you own the water line. Water company knows this. You can and should sell them a recorded easement OR have a new line installed at their cost that is out of your way.
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Old 12-30-2017, 03:03 PM   #99
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Quote:
Originally Posted by shark79 View Post
Sounds like your neighbor needs to contact the water company to purchase an easement or re-route the line off your property.
Bingo! If you tried the friendly neighbor route with no success, this would be my stance.
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Old 12-30-2017, 03:36 PM   #100
Brett C
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Quote:
Originally Posted by GarGuy View Post
Im guessing public utility ends at the meter and the line from there to the house is not public.
Correct
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