Reversing a Supposed Prescriptive Easement?

[AP Horvath]

We own an unimproved lot within the city limits that we are in the midst of entitling for commercial (office-warehouse). The issue is that there is a water line about 21 feet into the property, too close to our proposed buildings.

It turns out that by the language of the easement in the deed, both the water line and the easement are actually misplaced as the water line should only be 7 feet west of the right of way.

The reason for this discrepancy is that when the water line was put in place in the 1960s, the property owner then didn't cede a (~14 foot) right of way to TXDOT -- which means that the property line actually juts out into the road, relative to the lots immediately north and south of our lot (who did cede a right of way to TXDOT).

We'd like the local water supply company to pay for relocating the water line, and while they acknowledge the water line isn't where it should be, they claim a prescriptive easement indicates they have no responsibility to move it or pay to relocate it.

We've had an initial call with the local water supply and while they will let us address their board next week, at first pass, will not consider participating in paying for relocation.

Other than: call a RE attorney (which I already have) --- has anyone succesfully dealt withs such an issue? Any advice?