[HorseLady76]

I have a deeded nonexclusive ingress egress easement into my property. I am the dominant tenant and the owner of the property was bought from someone else is the servient tenant. This easement was created in 1960 for the sole purpose of entrance and out to my property. The water utility placed waterlines on my property that is in a easement behind my house and on my property and not on the servient property. Now the servient property owner says that he is going to put a waterline connected to the waterline on my property behind my house (that the water line is being done by the water utility) to be run across my property, then across the drive ingress egress easement and to his house that he is building. Can the easement be changed and added to by placing the waterline across it? Can the utility place a waterline from my property, across the easement of ingress and egress to allow him to have a waterline trespassing onto my property. There is another place that the waterline connects to his property and is adjacent to his property that is located above the 20 foot easement from the public road. Thanks

[LisaB4657]

As for the ingress/egress easement, since it is non-exclusive the owner of the property has the right to put a water line through it as long as it doesn't prevent you from using the easement.

As for running the water line across your property, the only way they can do so is if the utility company has already been given an easement or right of way over your property encompassing the specific area where they plan to place the line. If there is no existing easement/right of way for that purpose then they will have to come to you to negotiate such an easement.

[HorseLady76]

I forgot to add to this question that you so graciously provided for me
The water line area that he is trying to put into and across the easement is located on a hillside where we have problems with the water running down drive and into and under my house with mold setting up from same.
I am responsible for the maintenance of the easement since I am the dominant tenant. Further can this change of adding the utility across the easement be done when the establishment of the easement and placing of the utility easement on own property clearly shows that that was not intended to be done. The original owner established the easement.
My further question is can he be unreasonable and placing a hardship and burden upon me with the excess water and erosion of same of which will block the drive after the dirt settles and or require me to maintain the line if needs repairs etc.
Thank you so very much

[LisaB4657]

If the easement was non-exclusive then yes, he can still use it for his water line. However he cannot place an additional burden upon you and he can't hold you responsible for maintaining his water line. If he takes action within the easement that makes your use of the easement more difficult or costly then he's responsible for that.

[HorseLady76]

I forgot to tell you that this addition will create erosion and run water into and under my house creating mold constantly
As it is on a hillside where lots of water runs down the hill and We are responsible for the maintenance of the driveway easement.
Who will be responsible for repair and maintenance on this line if it freezes and breaks?
If this is placed in the driveway, I will not be able to enter or leave my house till the repairs have been completed.
They and my own husband ( who I don't think can give permission without my permission as well since we both own the property by deed) refuse to sign a amicable written contract to have the legal issues settled for contractor fixing so water does not erode and run under my house and that they would be responsible for the maintenance of the line . Also to add this contract to our deeds for future reference. This would eliminate any future problems that may become necessary to deal with since the easement runs with the land as a dominant tenant.

[AK lawyer]

The egress/access easement really has nothing to do with this. If he wants to run a water line on your property, he has to get permission to do so. Just tell him "no" unless he satisfies all of your concerns.

[LisaB4657]

The owner of the line will be responsible for repair and maintenance of the line. They will also be responsible for any damage to your property as a result of installing the line.

I suggest that you retain an attorney to represent you. This is a serious issue that will obviously have an effect on your property. Don't rely on free advice you get on the internet to protect you.