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Old 12-30-2017, 09:15 AM   #1
RutnBuk
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Default 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.
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Old 12-30-2017, 09:18 AM   #2
Mudslinger
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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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Old 12-30-2017, 09:19 AM   #3
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why would you not fix the line ?
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Old 12-30-2017, 09:20 AM   #4
Quackerbox
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Quote:
Originally Posted by Hydestik View Post
why would you not fix the line ?
Exactly.

It's not like it was fiber optic or something

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Old 12-30-2017, 09:25 AM   #5
Jimbo47
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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 at 09:30 AM.
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Old 12-30-2017, 09:25 AM   #6
Cold 1
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I would try and work it out with them.
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Old 12-30-2017, 09:27 AM   #7
RutnBuk
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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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Old 12-30-2017, 09:28 AM   #8
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Let it water your pasture for a few weeks.
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Old 12-30-2017, 09:29 AM   #9
RutnBuk
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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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Old 12-30-2017, 09:29 AM   #10
RiverRat1
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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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Old 12-30-2017, 09:30 AM   #11
Fishndude
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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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Old 12-30-2017, 09:30 AM   #12
RutnBuk
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Quote:
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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Old 12-30-2017, 09:30 AM   #13
RiverRat1
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Quote:
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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Old 12-30-2017, 09:34 AM   #14
RutnBuk
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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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Old 12-30-2017, 09:34 AM   #15
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I would fix it, otherwise it will lead to drama some time or the other.
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Old 12-30-2017, 09:34 AM   #16
Tony Pic
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Originally Posted by Hydestik View Post
why would you not fix the line ?
Yup...Don't you want to get along with your neighbors?
You just moved there .
But on the other hand... I hear you about the no info on the right of way(if any) of their water line. Was there a title search? Should that have been disclosed? Did the title company miss it?
If you fix it now, are you forever liable to repair it again?
Can it be moved off of your property so no future headaches?
If they don't move it, can you charge rent?
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Old 12-30-2017, 09:36 AM   #17
Cold 1
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Talk to previous owner about any agreements? Who was there first, you or the house.
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Old 12-30-2017, 09:37 AM   #18
tps7742
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I understand the concerns of all aspects of right of ways etc. Putting all that aside what type of line is it, PVC galvanized etc. There isn't a quick fix for the line until you can get back from your trip and then sit down with your neighbors and try to work it out?
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Old 12-30-2017, 09:38 AM   #19
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Liable? Sometimes in this short LIFE of ours it is just much easier to be a good neighbor!
Edit: Others already beat me to that conclusion. Good luck.
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Old 12-30-2017, 09:40 AM   #20
RutnBuk
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Quote:
Originally Posted by Tony Pic View Post
Yup...Don't you want to get along with your neighbors?
You just moved there .
But on the other hand... I hear you about the no info on the right of way(if any) of their water line. Was there a title search? Should that have been disclosed? Did the title company miss it?
If you fix it now, are you forever liable to repair it again?
Can it be moved off of your property so no future headaches?
If they don't move it, can you charge rent?
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.
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Old 12-30-2017, 09:41 AM   #21
RutnBuk
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Quote:
Originally Posted by Cold 1 View Post
Talk to previous owner about any agreements? Who was there first, you or the house.
Previous owner is the person that did this and hes dead.
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Old 12-30-2017, 09:44 AM   #22
ladrones
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Quote:
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.
Renegotiate the fence now that you control the access to water. Make them become good neighbors.
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Old 12-30-2017, 09:47 AM   #23
BTLowry
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Sounds to me like at some point one person owned all the land. Ran water for livestock. Then later sold it off in smaller parts and nobody knew water line was there

Of course I would know where my meter was

Thinking you are responsible even though you had no clue it was there

My best advice is to fix it and seek legal advice (somewhere other than TBH )
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Old 12-30-2017, 09:47 AM   #24
texasair
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Unfortunately, if you are not a local, you will be working at a disadvantage
with everyone involved. The neighbor, law enforcement, the water company, local judges.

If you do not fix it, you could get a bill for thousands of dollars for water usage
and they may enforce that bill in a local court.

I would at least cap it or drive a plug in the line to stop the water loss while you figure out how to handle the rest of the situation.
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Old 12-30-2017, 09:48 AM   #25
shark79
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Quote:
Originally Posted by RutnBuk View Post
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.
Sounds like your neighbor needs to contact the water company to purchase an easement or re-route the line off your property.
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Old 12-30-2017, 09:49 AM   #26
oktx
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Your water line on my property, that was not marked or on the plat and you didn't think was important enough to tell me? Don't know about that.
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Old 12-30-2017, 09:51 AM   #27
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Quote:
Originally Posted by ladrones View Post
Renegotiate the fence now that you control the access to water. Make them become good neighbors.
I don't know all the facts so I can't give you a solid legal opinion, but this is a good idea. You control water, based on the facts given they have no legal recourse as they were trespassing, so come to a mutually beneficial agreement. If they don't want to play ball, they can go pound sand. When you bought this property, was a new survey rendered?
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Old 12-30-2017, 09:52 AM   #28
RutnBuk
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Quote:
Originally Posted by BTLowry View Post
Sounds to me like at some point one person owned all the land. Ran water for livestock. Then later sold it off in smaller parts and nobody knew water line was there

Of course I would know where my meter was

Thinking you are responsible even though you had no clue it was there

My best advice is to fix it and seek legal advice (somewhere other than TBH )
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.
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Old 12-30-2017, 09:55 AM   #29
RutnBuk
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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.
Like I said earlier, I offered them to take new waterline to their property and have their meter moved to their land. They declined. I offered to split that cost.
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Old 12-30-2017, 09:56 AM   #30
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Cap it. I would have to think they would start wanting to negotiate other options and work with you after a day or two with no water.
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Old 12-30-2017, 09:56 AM   #31
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I guess going off your responses to other post on this thread, and how your neighbors have acted before in the past.I would cut and cap the line. The water company says it's a unrecorded line so act as if it dosent exist. They can run their own water line. Maybe their tune will change then.
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Old 12-30-2017, 09:56 AM   #32
RutnBuk
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Quote:
Originally Posted by The Crippler View Post
I don't know all the facts so I can't give you a solid legal opinion, but this is a good idea. You control water, based on the facts given they have no legal recourse as they were trespassing, so come to a mutually beneficial agreement. If they don't want to play ball, they can go pound sand. When you bought this property, was a new survey rendered?
Thats a great idea. Yes I paid for new survey.
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Old 12-30-2017, 09:57 AM   #33
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Good luck

Sounds like you have the advantage

If law backs you, they would reroute line off of my property pronto
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Old 12-30-2017, 09:58 AM   #34
RutnBuk
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Quote:
Originally Posted by Fishcat91 View Post
I guess going off your responses to other post on this thread, and how your neighbors have acted before in the past.I would cut and cap the line. The water company says it's a unrecorded line so act as if it dosent exist. They can run their own water line. Maybe their tune will change then.
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.
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Old 12-30-2017, 09:59 AM   #35
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Quote:
Originally Posted by BTLowry View Post
Good luck

Sounds like you have the advantage

If law backs you, they would reroute line off of my property pronto
I wish I knew if the law would back me. Thats what I dont know.
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Old 12-30-2017, 09:59 AM   #36
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I'd fix it but not before I put a tee in it with a faucet.
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Old 12-30-2017, 10:04 AM   #37
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Quote:
Originally Posted by Hydestik View Post
why would you not fix the line ?
My thoughts. He messed up by damaging/breaking the line. Be a good neighbor and fix it the way a good neighbor should be.
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Old 12-30-2017, 10:05 AM   #38
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Quote:
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.
Sounds like the best way to proceed at this point.
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Old 12-30-2017, 10:05 AM   #39
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U broke it fix it or pay to have it fixed


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Old 12-30-2017, 10:09 AM   #40
125Dad
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I think I would cap it then explain to them you was going out of town and if they come on your property it’s trespassing. Hang a couple signs and trail cameras. When you get back home seek legal advice. Good luck.
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Old 12-30-2017, 10:10 AM   #41
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I have always heard there are laws to protect landowners/homeowners like your neighbor specifically dealing with water and water lines that have been there for years and years.

Interested to see how this plays out.

Easy thing would be to fix it and move on. What kind of waterline is it?
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Old 12-30-2017, 10:11 AM   #42
xman59
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if the other house was yours and someone broke the water line what would your position be?

if you cap the line and deny them water you will loose when it goes to court!

patch the line for now, give them notice that the line must be moved by x date onto their property, also contact a constable for his opinion... tell him you have plans for your property that the line interferes with,

if their place was locked in and no were to run the line on their property it would also come out in their favor, since it sounds like it is not i think you can win the issue,, to my knowledge they have no legal right to use your property for that easement if they have their own,, also would not hurt to contact a title company and ask them
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Old 12-30-2017, 10:11 AM   #43
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Put a quarter turn on it. Then if things get crappy turn it off
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Old 12-30-2017, 10:11 AM   #44
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Quote:
Originally Posted by highspeed View Post
I'd fix it but not before I put a tee in it with a faucet.
my thoughts exactly ... fix, install a T and have your own water source
you get the idea
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Old 12-30-2017, 10:14 AM   #45
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If you are concerned about legalities contact an attorney.
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Old 12-30-2017, 10:17 AM   #46
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Why wouldn’t you fix it?
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Old 12-30-2017, 10:18 AM   #47
35remington
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Quote:
Originally Posted by RutnBuk View Post
I wish I knew if the law would back me. Thats what I dont know.
If you want a legal opinion, pay for a legal opinion.
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Old 12-30-2017, 10:20 AM   #48
Jimbo47
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You need professional legal advise, not TBH especially since the neighbors appear not willing to work with you.
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Old 12-30-2017, 10:23 AM   #49
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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.
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Old 12-30-2017, 10:24 AM   #50
catslayer
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Call lawyer, but looks like you have upper hand... my starting offer would be ill split cost of new fence and split cost of moving water with you... if you dont like that, looks like your buying easment... that easment cost the same as my new fence

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