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A water line was installed across a piece of property in 1988, with the owners permission, to provide a water source for a home on an ajoining property. For the past 21 years the owner of the property that the water line runs through has allowed multiple owners of the ajoining property to utilize the water line. I am now trying to buy the property and the owner says he doesn't want the water line on his property any longer. & nbsp; Since there wasn't an official easement established for the waterline, can he, after this many years refuse to allow me to use the water line? The properties are located in Hopkins County, Texas.
State/Country relating to Question: Texas Already Tried: My realtor spoke to the owner.
Thank you for using JustAnswer! If the property owner no longer wants the waterline on his property, then the adjoining owner (the current owner or you in the future) should contact with a local property/real estate attorney and explore your options to file a lawsuit in court and seek either (a) an easement by necessity, and/or (b) easement by implication. An overview of those theories can be found in a brief filed in a different Texas court case found at http://tinyurl.com/mpeney In any event, this will require a significant investment of resources to launch/fight a lawsuit. That fact alone may influence your purchase decision. Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
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