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  1. #1
    Join Date
    Aug 2015
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    3

    Default Rights to Maintain a Water Line and Pump from a Neighboring Property

    My question involves an easement in the state of: Tennessee
    My water line is running under the ground of my sister & brother-in-law's land & my pump is in Pump house on their property & has been 4+ yrs. now. The pump house(put in over 26 yrs. ago & there are other water pumps & lines running to my mom's house & my other sister's house too)was there before they owned the land. I previously lived on another piece of my property & used this pump house for several years & they DID own the land then & there was no problem with that, with my mom's waterline & pump or with my other sister's either. Today, my brother in law came to my house & told me he was cutting my line & taking my pump from the pump house & I had no legal rights to do anything about it! He isn't threatening to remove the other pumps & cut the lines to them either...just mine. My sister was asked if I could do this & she agreed to allow me & also told the bank President that my ouse is financed through that it was fine. In my deed it says "Property is subject to any & all easements & rights of way, recorded or unrecorded." Does that include the right of way for my water line? Can he do this? Please know that I will appreciate any advice you can offer me in this matter & thank you for your time.

  2. #2
    Join Date
    Nov 2013
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    672

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    I'm sure someone will come along with more pertinent advice, but maybe you can start with this.

    What brought this on? Have you had a disagreement? Can you talk to your sister? Is your pump and/or line somehow causing them a problem? If she won't talk to you, I think you might start by asking the bank president (or mortgage holder) just what your sister agreed to grant you. Did she just give permission (which means she/he can change her mind) or did she grant you an easement for your water lines and pump? Is anything listed on your (or their) survey? Does your title insurance mention this?

    My guess would be that "Property is subject to any & all easements & rights of way, recorded or unrecorded." is addressing easements over your land for someone else's benefit, but I could be wrong. Start with the people who are familiar with the situation and property. If he persists you'll need a lawyer, and quickly.

  3. #3
    Join Date
    Jun 2015
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    988

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    The more practical answer is he wins by bully power IF you fail to fight back smart and hard. .

    I suggest you hire smarts in form of seasoned land use lawyer, one who has a track record of litigating easement issues ......PRONTO

  4. #4
    Join Date
    Aug 2015
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    3

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    Thank you for your response. This is what I have written down for myself to go by & to recall for whomever I speak to about this matter. I realize it is long & drawn out but, it explains everything that happened. Thank you for you time.
    I hope someone can help me! I apologize for the extreme length of this but, I felt it was also necessary for the most part in explaining my situation in order to get a more correct response. This is a very scarry & urgent matter & I will appreciate anything anyone can offer.
    My water line is running under the ground of my sister & brother-in-law's land & my pump is in a spring(Pump house) that sits on their property as well. The pump house was there long before they owned the land it sets on(the pump house has been in the same location for over 26 yrs. & there are other water pumps & lines running to my mom's house & my other sister's house too). I previously lived on another piece of my property & ran my pump from the very same place as now for several years & they DID own the land the pump house sets on & there was never any problem or threats made to me about it. However, we were flooded in 2010 & lost everything including the house.
    I had more land coming to me eventually & my mom signed the rest of my portion of land over gladly. When my water line was ready to be ran to the pump house from here, I do remember that I had to call my mother at the sister's(land owner) home, I asked if it was ok to run the water line under the part of my easement to my other property from my mother & then asked permission from the land owning sister to dig a trench & bury the waterline & run it to the pump house & they both said yes & had to confirm this with the either a Red Cross Rep. or TN. Disaster Recovery Rep. & the President of the bank(who is also a lawyer) that financed this home & the other home as well because my utility poles & water line were all ran at the expense of the state & Red cross as part of the TN Disaster Recovery Program & I had no say so at all about anything as they paid for all of those expenses.
    Digging a well now, is not financially possible with me paying for the flooded house & the house I live in now as well. Plus, I have a 24 yr.old son, a severely disabled son, & another 16 yr. old son that lives here with me. It is not a physical option either because we live on top of a large hill of solid rock. The state actually looked into drilling a well & after considering what the drillers said, were afraid to try to dig a well up here because we are on rock & they actually built my land up with chert & dirt just to be able to put my septic system into place. So, the way the water line is ran was the only option for us to have access to water.
    This evening my brother-in-law & sister that own the property came to my house & my brother-in-law told me he was going to cut my water line & remove my pump from the pump house. He is not cutting my other sister's water line & of course not cutting my mom's house water line because that is where they stay when they come down here to party on weekends. I have lived here in this house with the water line in the same place for almost 4 yrs. with nothing ever mentioned & it's not like I just ran it under their property yesterday or just started to use the pump house. Since my mother passed away almost a year ago I feel like they are trying everything to run me out & cause problems. Here's something to let you know why I think this. I do still own that piece of property that we had the house on before & it has a large creek & recreational area & they have been going onto my land without even telling me they were there or even asking permission, inviting so many people that we do not even get to enjoy our own property, using it like it was their own land & I've just let them bring whoever & do whatever & said nothing yet. So, you can see that they are just wanting to cause me trouble.
    In my deed there is a clause that says "Property is subject to any & all easements & rights of way, recorded or unrecorded." Does that include the right of way for my water line or not? Can he just do whatever he wants & cut my water line & remove my pump like he said he would? Can I do anything at all to stop him?
    Thank you in advance for any advice or help anyone can offer & this is truly an urgent matter.

    - - - Updated - - -

    I hope that you can see my response below as it is very lengthy & explains everything that has happened in detail. Thank you for youir response & I appreciate your time so much.

  5. #5
    Join Date
    Jun 2015
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    988

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    Driving your own well is probably not the legal point..it's more likely to be if there is some sort of express or implied easement for that water line and spot in pump house .

    There might be an issue as to whose power runs your pump?

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    Quote Quoting HRinDEVON
    View Post
    Driving your own well is probably not the legal point..it's more likely to be if there is some sort of express or implied easement for that water line and spot in pump house .

    There might be an issue as to whose power runs your pump?
    Get yourself to an attorney ASAP and ask the attorney to get an injunction against them cutting your water line and removing your pump until the case can be heard in court.

  7. #7
    Join Date
    Aug 2015
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    3

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    The pump is ran off my electricity.

    - - - Updated - - -

    Thank you both for you time & advice. I can't afford an attorney at this point as I barely get by as it is. I really do appreciate your help tho & Bless you both

  8. #8
    Join Date
    Nov 2013
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    7,056

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    Quote Quoting Robin Smith
    View Post
    When my water line was ready to be ran to the pump house from here, I do remember that I had to call my mother at the sister's(land owner) home, I asked if it was ok to run the water line under the part of my easement to my other property from my mother & then asked permission from the land owning sister to dig a trench & bury the waterline & run it to the pump house & they both said yes
    Here is the problem. It is a permissive use that can be withdrawn at any time. Apparently, that is what the brother-in-law has done.

    Connecting to the spring pump house was not the only option but was less expensive than drilling a new well.

    If you can't afford an attorney (I don't know what an attorney could do for you under the circumstances), contact legal aid and financial aid organizations in your local area and see if there is any help there.

  9. #9
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Can My Brother in Law Legally Cut My Water Line and Remove My Pump

    Budwad hit a fatal nail in your problem....IF the line was run by the landowners permission as you say it was, then the landowner has a right to revoke permission .

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