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Whos liable in this situation?

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    I would check your title insurance policy. If it was never recorded then you hold all the cards. If it was recorded then you may be in for a fight. The title policy will usually exclude any of these "recorded" agreements in order to protect themselves from having to fight these sorts of things down the road. They want the least amount of liability possible. Sounds like the original land owner sold off a section of property and the "buyer" did not do their homework along with their title company. Do they have an access easement through your property? If a easement is not recorded you may have even more leverage.
    Last edited by LWolken; 12-31-2017, 01:39 AM.

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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.
      Did they politely decline or actually tell you to “go to hell?”

      If the later I am capping it.

      When I bought this property it had an undeeded water line across the neighbors property. Fortunantly I discovered it and made the seller buy an easement from the neighbor before closing.

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        Interesting thread, for sure..........

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          Originally posted by LWolken View Post
          I would check your title insurance policy. If it was never recorded then you hold all the cards. If it was recorded then you may be in for a fight. The title policy will usually exclude any of these "recorded" agreements in order to protect themselves from having to fight these sorts of things down the road. They want the least amount of liability possible. Sounds like the original land owner sold off a section of property and the "buyer" did not do their homework along with their title company. Do they have an access easement through your property? If a easement is not recorded you may have even more leverage.
          There is nothing in the title policy about it. It was not recorded. They have no access easements or any other kind of easement thru my property. I took my offer off the table of splitting the cost for the water company to run a new line to their place and put a meter on their land. Now they will be paying 100% of it.

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            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.
            even so cutting the water off is a poor decision,, however i might be tempted to put my own meter on it inside my property line!
            Last edited by xman59; 12-31-2017, 02:55 PM.

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              Glad it worked out for you

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                Originally posted by Farmdog View Post
                Fix..have BBQ..they buy beer...friends
                If only there were more neighbors like you these days. Happy new year Farmdog!

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                  I wouldn't fix it!! He's LIVED there a year and the neighbors never thought it to be necessary info??? I would want the water line rerouted to a better location. If they don't like it then they can continue to use nature's facilities...

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                    Originally posted by RutnBuk View Post
                    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.
                    That made me smile. I believe in being neighborly as well but from everything you are saying they do not. Nothing wrong with being firm, fair and honest. Ironically that pipe running through your property had no value to you until you broke it.

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                      Originally posted by WCB View Post
                      If the meter is under years of grass, who is getting charged for the water?? You?? This “was” one property before so you might check and see if you are paying for it all...
                      I cant believe it took 108 post before this was asked. who is paying for their water?

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                        My question is... if they have to cross your property with water line, how do they access their property? Apparently they have an easement of some sort.


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                          Originally posted by ladrones View Post
                          Renegotiate the fence now that you control the access to water. Make them become good neighbors.
                          This is what I would attempt

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                            Originally posted by RutnBuk View Post
                            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.
                            Fix it put a valve and turn it to the off position

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                              They don't want to be neighborly I would just cap it.

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