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Since the water lines are already there and in the ground supplying the house can I get a prescriptive easement or anything else like that?
Should the title company have found this before closing?
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I have contacted another lawyer and they told me that the easement is implied under what he referred to as an "easement by prior use." This is due to the fact that the water lines were placed and used by the same owner prior to the property being split and sold. Does that sound legitimate?
Just to be clear, what makes it her property? I said earlier the meter is on her property, but I have since found out it isn't. It is at the street in front of another person's property and the water line runs about 75 yards down a common utility easement before it reaches her property. The line then runs down my access easement, and doesn't service the barn at all (her property). I thought it did before but have found out from the original plumber the lines run only down the easement and to my house.
The water line has a shutoff valve at the common entrance along my easement that is on her property, but that is the only above ground access she has to the water line. I don't have an additional shutoff at my house. The plumber said the house wouldn't have been built to code if the shutoff valve wasn't placed for my house.
Do you think I can just claim the entire line?
Thanks for the quick response. I just called the barn hand and had him look directly into the box. There is a single hose bib in the box along with the shutoff valve. He assures me that is the only access to the water line. Does the hose bib in the box change anything?
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