Neighbors water lines goes across our yard, no easement.

[Allison Ezzi]

Hello all! We just finished rehabbing this property and the back neighbor comes out to tell us that his water lines go across our yard. He is claiming a leak and needing repairs. There is no easement or legal documentation in the deed. The neighbor says he made a friendly agreement with the elderly lady that we bought the house from some 30 years ago! The neighbor cannot even remember where his lines are. I am under the impression that because there is nothing in writing, we don’t have to give permission? Could his water be “grandfathered” in? He is making some claim to that effect. I contacted our attorney and apparently the neighbors attorney is getting involved. Is this worth retaining our attorney for? Or come to agreement outside? The neighbor has yet to even confirm that his lines are there.... he does not remember the path. We built an addition on that side of lot and never came across water lines. We told them to ask the other neighbors for access, which Im assuming they said no. We would prefer no lines on our property as it deters buyers and even with an easement it is less attractive. Or charge a larger amount for easement(?) Anyone familiar with this situation? Any advice? What rights do I have? What rights does the neighbor have? We bought this property on the mls with a realtor and nothing was in disclosures, nothing in deed. Ps- Our property is on the market! Another reason we don’t want him digging up our yard. There have been other issues with this neighbor, ....they are very emotional driven! Help!

[Jerel Ehlert]

I am only licensed in Texas, but the neighbor might have an unrecorded easement.

It depends on the circumstances.  If it has been there 30 years, there is a form of adverse possession for easements.  If that is the only way to his property for the line, it might be a valid easement.

Listen to your local lawyer, but the easiest route may be to make an official, recorded easement of what is than to fight it.  At most, you might have the neighbor relocate the line closer to the edge of the property.