Results 1 to 5 of 5
  1. #1

    Default Water Line Easement

    My question involves an easement in the state of: Washington

    There is a 30' wide water line easement that runs down one side of my property. The main line is buried there and my water meter is also near it on my property. The water company put in a meter for the abutting property next to my meter and then the owners of that property ran a water line about 5' toward their property and put in a hose bib. The hose bib is on my property and also within the easement.
    I feel that their water line should go onto their property before they establish a point of use with a hose bib. The water company says the hose bib is simply a valve on their water line and they can put it anywhere they want, as long as it is within the easement. They now walk onto my property and hook up a hose and run it over to their property. This doesn't seem right. Is this a legal use of the easement?
    Thank You.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Water Line Easement

    they have no right to walk on or use your property outside of the easement in any way what so ever. It is trespassing (not sure but you may be required to give them a do not trespass notice)


    RCW 9A.52.080

    Criminal trespass in the second degree.
    (1) A person is guilty of criminal trespass in the second degree if he or she knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.

    (2) Criminal trespass in the second degree is a misdemeanor.

    [2011 c 336 § 373; 1979 ex.s. c 244 § 13; 1975 1st ex.s. c 260 §9A.52.080 .]
    so yes, they would have to be given notice for you to be able to claim they knowingly entered your land without permission.\


    I question if the hose bib itself would be allowed. Easements generally do not allow for such obstructions above ground to be installed. Do you have the documents describing the easement? If so, what, very specifically, does it allow?

  3. #3

    Default Re: Water Line Easement

    Thank You. To clarify, the easement is 30' on my property and 30' on their property. So when they walk on to my property they are within the easement. The easement states: " An easement for ingress and egress for the placement, repair and maintenance of utilities, including water, underground or otherwise, over, along and across the following described property...." followed by the legal description. The water company told me they can run the water line above ground exposed if they want to from the meter to their property and that the hose bib is simply a valve. But I question if the easement gives them the right to come onto my property, within the easement, and hook up to the hose bib?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Water Line Easement

    a hose bib is not simply a valve. it is an outlet to use water from.


    Is this a road ROW? 30' on each property sounds like it is a roadway. Is this easement granted to the local government or utility?

    An easement for ingress and egress for the placement, repair and maintenance of utilities, including water, underground or otherwise, over, along and across the following described property...." followed by the legal description. The water company told me they can run the water line above ground exposed if they want to from the meter to their property and that the hose bib is simply a valve. But I question if the easement gives them the right to come onto my property, within the easement, and hook up to the hose bib?

    but drawing water from an outlet is not:

    placement, repair and maintenance of utilities, including water, underground or otherwise, over, along and across the following described property.
    Is this easement granted to the local government?
    The water company put in a meter for the abutting property next to my meter and then the owners of that property ran a water line about 5' toward their property and put in a hose bib.
    if so, then the neighbors did not have the right to do anything on your property.

  5. #5

    Default Re: Water Line Easement

    The easement is part of a short plat done in 1977. From what I can tell it is 30' on both sides of our properties. Within this 60' is a private road that serves us both and the properties past us.
    The water main, overhead power, and underground cable all run down next to the road. They are inside the 30' easement that is part of my property. The private road that we all use appears to be right on the edge of their property within their 30' easement. The water company is a private company that serves about 400 customers. Nothing is granted to the local government. So basically they walk from their property across the road, step onto my property for about 10' and hook up their hose to the hose bib. So the hose lays on my property, within the easement, and then lays across the road, within the easement on their side, and then goes to wherever they want water.

    1. Sponsored Links
       

Similar Threads

  1. Creation of an Easement: Prescriptive Easement for Water Line
    By mhealy13 in forum Real Estate Ownership and Title
    Replies: 9
    Last Post: 05-23-2014, 09:41 PM
  2. Maintenance and Repair: Water Well Easement and Leaking Water Line
    By krnl in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 11-14-2013, 07:10 PM
  3. Maintenance and Repair: Does a Water Line Easement Include a Right to Repair the Line
    By ilion in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 10-03-2013, 11:43 AM
  4. Easement or Right of Way for Water Line
    By Nowater in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 02-11-2011, 04:37 PM
  5. Water Line Easement
    By fireman-175 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 09-26-2008, 07:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources