Q: I just bought the lot next door. The neighbors power and City Water run across my new lot. Can I make them move them?
The lot in question was one big rectangle that was sub-divided into two lots. The right front corner is one lot and a large flag lot the other. A house was put on the small right front corner and the water was run underground crossing the left front corner of the flag lot. The original owner of both lots built the house and gave it to his son. All of this happened before we moved in. The flag lot was sold to another who we bought it from and the house also sold to a different person. It has been 10 years and the house just sold again and we would like to build on our lot. That's when we found out the water runs acrossed it from the meter to house. The power lines are also only 9' off the ground, directly in the location where I want to build. Can we charge them a lieu-of-tax / rent for having their stuff on our land? If the water breaks can they just dig up my land to fix their pipe?
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A: Have you searched your title? If no recorded easements, then try to estimate how long those pipes have been underground. 20 years gives them prescriptive use easements, and they maybe have easements through other laws. I doubt you are able to build without marking the ground where the pipes are. If underground pipes are less than 7 years old you can sue for trespass, but I doubt you have the witnesses and will lose. If you bought an owners' title insurance policy then hire a lawyer to make a claim.
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