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Utility easement vs property rights

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Old May 18th, 2007, 12:34 AM     #1
johncpu
 
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Default Utility easement vs property rights

The west side of our property has a 15' vehicle easement, which is also being used by the water company as a utility easement. Unknown to us until recently, that water main takes a turn and traverses the middle or our property, to bring water to our neighbors on the east side. The deed does not include an easement for that water main, and I suspect it is now a legal prosciptive easement since it has been in place for over 10 years.

However, the local water company wants to put the neighbors water meter on the utitliy easement, on our property. I do not want this. There are two other options: 1) The water company can run a tributary along the front road for about 100', and then extend that line another 75' to the neighbors house. Obviously this involves cost they do not want to accept. 2) Use the existing line crossing our property and put the meter at the end of it, on the neighbors own property.

Since I doubt we can get the line moved from our property (let me know if Im wrong here), option #2 makes the most sense for everyone. The issue is simply where to locate the meter, and there is no reason why the copmpany cannot put it directly on the neighbors property. There should not even be a cost factor.

So can we prevent the water company from locating the neighbor's meter on our property ? What are our options ?
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Old May 19th, 2007, 11:23 AM     #2
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Default Re: Utility easement vs property rights

You normally can refuse yes and they would have to go to court.
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