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Underground utilities to adjacent property.

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Old 02-12-2008, 04:14 PM     #1
Otispdog2008
 
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Default Underground utilities to adjacent property.

I have a home for sale. After I bought the home in 2004, I discovered that water and sewer lines to a commercial property behind my yard, run directly under my house. The people who built the house had put an easement in the abstract for such utilities to run along the south property line. However, I checked with the county recorders office and it appears this easement was never recorded. Also, when the commercial property owner put in his sewer and water lines, he did not follow the easement anyway and ran them diagonally across the property. The house was later built over the top and the sewer to the house was actually tied into this existing sewer line. I have a potential buyer that would like the water line moved from under the house. I have sent a letter to the commercial property owner about moving the line and have not gotten a response. My question is, if need be, am I within my rights to cut off the water and sewer lines on my property and force him to move them to another location?
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Old 02-14-2008, 09:36 AM     #2
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Default Re: Underground utilities to adjacent property.

Get an expert opinion first to make sure there is no right that has been established that you are unaware of. But if there is not, you may indeed proceed.

Best to tell the company that that is what you are doing so damages to them will be limited.
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