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Aloha,I own a 14,743 sq ft lot in Wailuku Maui. I have city…

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Aloha,I own a 14,743 sq...
Aloha,I own a 14,743 sq ft lot in Wailuku Maui. I have city sewer but none of my neighbors will give me an easement to get water to my property. I've been trying for more than 10yrs. Is there anything I can do to get water from a county water system to my lot.That's,Don
Submitted: 8 months ago.Category: Real Estate Law
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10/2/2017
Real Estate Lawyer: Dwayne B., Attorney replied 8 months ago
Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Real Estate Lawyer: Dwayne B., Attorney replied 8 months ago

There is something that is called an "easement by necessity". You would have to hire a lawyer since it is complicated and usually it is used to access property that is "landlocked" on all sides but in theory it should work for a utility easement as well. Essentially your lawyer file a lawsuit asking the court to allow you to pay the "fair market value" to one of your neighbors for an easement across their property. Often they have an easement already in place on some portion of their property and then you just sue to get from your property to that easement.

Sometimes you sue all neighbors and the utility company, sometimes you only sue a portion of the neighbors, etc. Th lawyer won't know that until they look at the records at the courthouse to see what surveys and easements have been filed and are in place.

Note that you are not actually buying a piece of their property, just the right to an easement across that property at Fair Market Value for the easement, which will be determined by the court.

I'm about to step away for a few minutes but should return shortly if you have any follow ups.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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