Utility Easement - Sewer/Water Line

[Oscar Gomez]

Hello everyone! 

My father purchased what was supposed to be a rental property a few months ago. However, we have been dealing with a huge headache as it turns out the house has no water access! From what I have been told, the previous owner let it go into foreclosure because the main water line to the house broke and unfortunately it runs underneath two neighboring houses and one of the neighbors refuses to let anyone access her property in order to install a new water line. When the bank foreclosed on the property, they were able to obtain an access easement...but failed to address the water line situation. 

We got an attorney involved and we were able to work something out with the city to where they would let us install a new water tap and run the new line through the "access easement;" however, as soon as the neighbor found out, she got her attorney involved and demanded we cease any efforts to install a water line declaring that the "access easement" did not give us any right to install a water line. 

Has anyone dealt with something like this? Do I need to hire a new attorney? I have heard of being able to obtain an easement by necessity but would that apply to this situation?

[Shaidah K.]

Oscar,

I review a lot of easement documents for my job in Land development with a Canadian municipality.  If the access easement that was agreed upon doesn't explicitly allow water, then the neighbour has a right to refuse you from placing water main in the access easement.  I suggest you be nice to the neighbour and find out why she won't allow the water connection if a new easement document was drafted and agreed upon.  Also, you are probably paying the City for water in your City utility bill, so be sure to get them involved.  If this was happening at the City that I work for, our Realty Department would get involved and negotiate with the neighbour, or worst case scenario, they get our legal department involved and expropriate land for the watermain, or put in a new watermain within public land (road) which is our standard and do a cost share with City and fronting property owners.  

Good Luck!

Shaidah