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    HorseLady76's Avatar
    HorseLady76 Posts: 29, Reputation: 1
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    #1

    Jan 10, 2012, 03:39 PM
    Legal responsibility of water company that knowingly installed meter for line...
    The city attorney states that they have no responsibility after the meter is installed and neighbor runs water line across and up hill causing water to freeze on driveway and ultimately run under house causing insullation damage and mold.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Jan 10, 2012, 03:43 PM
    Please clarify - why did the neighbor run a water line on your property? And how did that result in water on your driveway? What does it have to do with the city water meter?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 10, 2012, 03:49 PM
    The cities responsibility ends at the meter. As for as the water department. The home owner runs the line to the meter. Now the building inspector should have inspected it , if it is new construction. But if a home owners water line burst, it is the home owners liability.
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    HorseLady76 Posts: 29, Reputation: 1
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    #4

    Jan 10, 2012, 03:51 PM
    The city water company ruled that the easement given to them abutted to the shared easement that was owned by the neighbor and I am the dominant having paid for easement years ago. There is dispute as to the easement stipulations on deed as there are 2 easement right of ways of which the water line followed and stopped 9 feet from the water line that the neighbor want to place under drive because the neighbor does not want to pay for the distance on top of hill instead of down at bottom where my house is located. The city says that he has the right to place the line to his property across this shared easement and that the meter is their responsibility not the line going up and across the hill that changes the flow of water, sending it from the hillside across drive way and freeze and ultimately under my house creating mold.
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    HorseLady76 Posts: 29, Reputation: 1
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    #5

    Jan 10, 2012, 03:57 PM
    The home is being built. No service of any utilities as yet except the issue of the water line and damages that will occur from placing it here. There are two locations that could be used for the water line to his house, this is the cheapest for him but most damaging for me since the line will cross in middle of hillside goes up to top of hill at a cross angle diverting water from the hillside to my drive and under my house.

    We are still in dispute over the deed and the 2 separate easements that the water line follows and stopped just short of the driveway in question.

    I can not get in or out with frozed water and lots of water running down the trench from the water line to the drive and under my house creating mold. The neighbor states he is not responsible for any damages or problems with water line--city says their responsibility ended at the meter even though they knew and were informed with a walk through looking at both easements and the problems that the water would create and even agreed that it would be a problem yet...
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #6

    Jan 10, 2012, 04:03 PM
    So the water line that the neighbor installed under the drive burst, correct? That's not the city's fault - as Chuck said their responsibility ends at the meter. Your neighbor bears the responsibility here. Sounds like he didn't install it in accordance to code (minimum depth in the ground).

    **EDIT - upon rereading this thread - are you saying that the source of water that is causing the damage isn't from the water line itself, but rather that the trench that has been dug is redirecting the natural drainage of water (rain water, ground water) off the hill in such a way as to impact your house? If so - who dug the trench?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jan 10, 2012, 04:09 PM
    Yes, you sue the neighbor, you sue the contractor who installed it.

    Also you may want to get the code inspector, since if it was installed without inspection, they will have to shut the water off.
    HorseLady76's Avatar
    HorseLady76 Posts: 29, Reputation: 1
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    #8

    Jan 10, 2012, 09:58 PM
    The city stated that the water line easement abutted the shared driveway that he is servient tenant. There still is dispute as to the easements --2 driveway and 1 waterline easement . The city attorney says the waterline easement abuts the shared driveway so he could put waterline in --the water co says that the responsibility for them ends with the meter regardless of damages and problems diverting the water flow to the driveway and under house. The trench that runs up the hill from settlement of the dirt of approximately 6-10 inches that catches the water from the hillside--it is a steep hillside adjoining a huge hill going up to the top and water comes down with a vengeance as I am on the very bottom. The city water company put the meter into his area due to the (which is being debated) interpretation of the city attorney of the deed (that the neighbor provided) as to his right to put it in due to the abutting of the easement to the shared drive which he is the servient tenant. He hooked onto the existing water line that stopped 9 feet from the shared drive and is on my property but as said the interpretation of the deeds, his saying that deed easement stated the water line easement abuts the shared drive (which is being evaluated) because he did not want to pay 600 dollars to run the line from the top of the hill from the #1 easement/driveway
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    HorseLady76 Posts: 29, Reputation: 1
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    #9

    Jan 10, 2012, 10:04 PM
    The city attorney stated that even though they knew that the damages would occur by placing the line here instead of at the alternate location that they were not responsible. Prior to the placing of the line or meter in with the dispute of the interpretation of the deed--a walk through inspection was done by the water company supervisor and the city attorney
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    HorseLady76 Posts: 29, Reputation: 1
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    #10

    Jan 10, 2012, 10:16 PM
    I forgot to answer the question--a contractor dug the trench and installed the water line itself to the water meter--I don't know of any inspection having been done How do I find that out?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #11

    Jan 11, 2012, 06:35 AM
    From all this it sounds like you need to go after the neighbor for having caused the condition that created the flooding. He in turn needs to work with his contractor to fix the trench.
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    HorseLady76 Posts: 29, Reputation: 1
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    #12

    Mar 5, 2012, 10:35 AM
    The neighbor refuses to have any responsibility of the trench running up the hill and across 3 acres of land at the base of a 20 foot slope a huge slope. He says it is the water co water co says not so--however, I did find on the rules of the water co that water hookup would be denied if determined that substantial property damage would occur to others property. 3 acres of water runoff from a 20 foot slope down a settled and eroded trench directing the water right to across drive and under my house is totally UNREasonable and violates the rules along with the substantial damage to my house.

    Looks like I will have to go to court so have and am getting proof of the drainage water run off under house along with my past pixs that it did not do this before.

    Appreciate all the help given and the means to where to go to correct problem. This neighbor is unapproachable as far as any getting along with him. Have to take a stand and turn the legal issues back on him as there is no compromise with him. His attitude is he is a now land baron and going to dictate to others his comment "my land goes to your mailbox---in making reference to the easement My response back was yes and I own the easement that is on that section of your land bought and paid for as stipulated in the deed ----neither of us can impede or disadvantage the other.
    I found out he did not want the line up on the hill because he would lose 75 feet of land where he wants to build 5 more houses since nothing can be put over the 15 feet of the water line and he had to have an additional 30 feet next to the 20 feet easement we share. Duh What a tangled web we weave when we practice to deceive. He can be handled legally just cost more so therefore, he cost me it will cost him because now I am going to complain about the dump of items washing down on me and the debris in the floodway as well as he can legally provide half of the cost for the property fence that we share. In addition, he said earlier before all erupted aboout the water and cats, that he wanted to use my steps and ramp at the river for his kids to utilize on the river and boat. Guess what They can stay off my property totally now, no friendship of sharing at this point of time. Legally only--

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