Help with no easement and land encroachment

6 years ago

My family owns almost 500 acres in Washington state. There is a small 1/4 lot that is land locked by our property. There is no easement to their property. They have built a home, with an attached garage that has encroached onto our land (this was determined by a survey) they also put in a circular drive to their home and installed underground sprinklers on our property. This folks is just the beginning. I have recently learned that the home in question was put in with no building permits. This has been turned over to the county, which they have decided to turn a blind eye.
We also have learned that the fairly new water company (established in 1988) ran water lines through out our property with out any permission. Never asked and no easement. My family has owned this land for over 100yrs.
The water company now wants to charge us to upgrade our water system. Putting in valves and wanting us to buy a meter and paying to have it installed. Our property has always had water to it, still does but it is not metered.
With them going through the property without an easement or permission can we charge them?
Please help.

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Comments (5)

maifleur03
6 years ago
You need an attorney and to find the original documents where the previous water company installed the water. Two different problems but the second one will depend on those documents but expect to pay. Pay attention to sections on upgrades. My parents had a similar water situation.
Becky Borders
Original Author
6 years ago
Thank you, maifeur03. There use to be a mill who provided the water to the town. This was they only way the town existed. Once the mill shut down the town died off. Unfortunately they did not document the water lines. This was a free service from the mill. In 1988 a guy bought the parcel with the well and started a water company. However there are no easements attached to our property.
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maifleur03
6 years ago
It will depend on your state but here depending on when the road was platted there is an easement that starts in the middle of the street which is used by all utilities. There are easements that are granted across property which people must agree to but not the one along the street as those were granted/grandfathered in when the road was established. Also here where the utilities easement ends and your responsibility start is the edge of the road easement.
Becky Borders
Original Author
6 years ago
I have looked into this. The property I am referring to is not on a street. It is on a privately owned road (gravel road owned by my family) the man who bought the well and started the water company also bought land to the right of ours and put in residential homes. I am not trying to be a stickler, but keep in mind there are still no easements to get to these properties, the only way to get there is through our private road. Which we have allowed. He then hooked up though our water lines to run water to these properties. Eventually he took out some of our lines going to different areas and replaced some of the lines.
maifleur03
6 years ago
You need a GOOD attorney. But first write down dates things happened and who granted him permission. Different states have different laws as to what is considered grandfathering and you may need all that information. Look up grandfathering for your state. You may need a strong beverage.