Water meter on neighbor's property

[Camas Lilly]

call whatever agency delivers and bills you for water. let them know their meter is in jeopardy and ask for guidance.

That truly is probably our only option.

 

[Camas Lilly]

Another idea is for you to look into buying that triangle sliver patch of land from neighbor #2 and make it part of your property. Then the water meter would be on your property, and you could do what you like (curbing, fence, rumble strips) to address drunk neighbor #3.

That is what DH has talked about doing off and on. Hasn’t done anything yet and with the probability of moving in the next year or so, I am not sure I want to add that expense when we are beginning to incur some new construction costs.

 

[pb4uski]

Do you think that owning that little piece would improve the value of your property when you go to sell?

Does your driveway cross that strip along the road? If so, do you have an easement for your driveway?

Little story... when our neighbor at our last house (again in the boonies and unsurveyed) decided to sell he had to have a survey to sell his house which had been built on a corner of his father's farm and needed to be divided off in order to sell. In the course of doing the survey, they discovered that his driveway crossed our property and that a portion of our fenced in pool area was on his property. Apparently, when the previous owner put in the pool he either misunderstood where the boundaries were or didn't care. I could have easily moved the fence but due to the topography the neighbor couldn't easily move the driveway. We ended up granting him an easement for his driveway and he deeded us 1/8th of an acre of land to square off our pool area and all was good.

 

[Camas Lilly]

Long time ago, a relative living out in the country in his trailer home, had a problem with the neighbor up the "road" driving past but going up on the grass many time.

It chewed up the front lawn a lot.
So my relative put some metal rebar a foot to 1.5 feet into the ground and left 3 inches sticking up. Then cut it off at an angle.

The driving seemed to improve with the new tires the neighbor had to buy.

Lol! I was told I would be liable for the damage, but yes I did have that idea.

 

[CardsFan]

Do you think that owning that little piece would improve the value of your property when you go to sell?

Does your driveway cross that strip along the road? If so, do you have an easement for your driveway?

Little story... when our neighbor at our last house (again in the boonies and unsurveyed) decided to sell he had to have a survey to sell his house which had been built on a corner of his father's farm and needed to be divided off in order to sell. In the course of doing the survey, they discovered that his driveway crossed our property and that a portion of our fenced in pool area was on his property. Apparently, when the previous owner put in the pool he either misunderstood where the boundaries were or didn't care. I could have easily moved the fence but due to the topography the neighbor couldn't easily move the driveway. We ended up granting him an easement for his driveway and he deeded us 1/8th of an acre of land to square off our pool area and all was good.

And that is the way most people would solve that problem. A logical, simple solution that costs both parties little, and gives both parties want they need/want.

If only we could all follow this simple example.

 

[Camas Lilly]

Do you think that owning that little piece would improve the value of your property when you go to sell?

Does your driveway cross that strip along the road? If so, do you have an easement for your driveway?

Little story... when our neighbor at our last house (again in the boonies and unsurveyed) decided to sell he had to have a survey to sell his house which had been built on a corner of his father's farm and needed to be divided off in order to sell. In the course of doing the survey, they discovered that his driveway crossed our property and that a portion of our fenced in pool area was on his property. Apparently, when the previous owner put in the pool he either misunderstood where the boundaries were or didn't care. I could have easily moved the fence but due to the topography the neighbor couldn't easily move the driveway. We ended up granting him an easement for his driveway and he deeded us 1/8th of an acre of land to square off our pool area and all was good.

Kind of ironic that you say that because we did buy almost an acre from neighbor 2 to try to straighten up our property line down the road some years ago. No the driveway is on the other side. We are a corner lot, 4 acres.

 

[pb4uski]

And that is the way most people would solve that problem. A logical, simple solution that costs both parties little, and gives both parties want they need/want.

If only we could all follow this simple example.

Well, to be honest, I really, really didn't want to move the fence.

 

[Ronstar]

I was a surveyor for 40 years and worked mainly on highway right of way/ eminent domain projects.

First of all, how do you know that the meter is not on your property?

The best (and most expensive) way to approach this is to contact an attorney - one familiar with landowner rights. Explain everything to him/her and let them develop a course of action. The attorney would certainly want a survey to show where the meter and roadway is in relation to the property lines.

But if you are going to sell within a couple of years, I would try a couple of other things first.

1. I would notify whatever road agency has jurisdiction to your road that a neighbor is destroying the roadway and adjoining drainage. Hopefully the road agency could take action to stop the neighbor from driving off road.

2. I would tell the water company that you think that your meter is on someone else's property, and that someone is driving off road damaging the meter. Ask them what is involved in getting the meter moved onto your property and how much that would cost - if the agency wants you to pay for it. (this would probably cost less than a lawyer and survey).

Keep in mind that this is something that you may be required to disclose when you sell the place. This issue could be considered a cloud on your title if it is verified that your water meter is not on your property.

 

[Camas Lilly]

I was a surveyor for 40 years and worked mainly on highway right of way/ eminent domain projects.

First of all, how do you know that the meter is not on your property?

The best (and most expensive) way to approach this is to contact an attorney - one familiar with landowner rights. Explain everything to him/her and let them develop a course of action. The attorney would certainly want a survey to show where the meter and roadway is in relation to the property lines.

But if you are going to sell within a couple of years, I would try a couple of other things first.

1. I would notify whatever road agency has jurisdiction to your road that a neighbor is destroying the roadway and adjoining drainage. Hopefully the road agency could take action to stop the neighbor from driving off road.

2. I would tell the water company that you think that your meter is on someone else's property, and that someone is driving off road damaging the meter. Ask them what is involved in getting the meter moved onto your property and how much that would cost - if the agency wants you to pay for it. (this would probably cost less than a lawyer and survey).

Keep in mind that this is something that you may be required to disclose when you sell the place. This issue could be considered a cloud on your title if it is verified that your water meter is not on your property.

We have a survey that shows where the road and property lines are. I will dig it out and study again.

It is a private road, so in the past, all the neighbors have gotten together and purchased gravel etc., but the road T's and most owners are only worried about just the part from their house to the pavement. There are only 4 of us at this end of the road. Our driveway is on the other side since we live on the corner.

Old man neighbor #3 is one of the original people back in here and he is very particular about what happens to the road in front of his house. He has in the past, come out screaming and cussing whenever we do any work such as grading or spreading rock. There are two other homeowners past him that want the pot holes fixed, otherwise we would let him have his mud and pot holes.

 

[youbet]

There is so much more here than just the water meter..........

A private road maintained by informal agreements between neighbors.
Odd lot lines with a neighbor owning a narrow strip on the opposite side of the road.
A neighbor (obviously held in much disdain) driving under the influence.
A water meter located on a neighbor's property.

OP's initially expressed concern was the potential damage to the water meter. But then the rest of the bad feelings and not-so-good neighbor relations come pouring out.

Since it's doubtful you'll be able to work out friendly compromises at this point and you're talking about moving anyway, why not just use the kiss method? See if the water company (is it private or public?) will move the meter at no cost to you. If not, what would they charge? Perhaps not much. If moving the meter is not free or cheap, just forget about it. Perhaps your neighbor who likes to drive in close proximity to it will continue to miss for the balance of the time you're there.

I don't think you have a lot of risk here. It's more of a matter of personal annoyance. And I get that......

 

[Camas Lilly]

There is so much more here than just the water meter..........

A private road maintained by informal agreements between neighbors.
Odd lot lines with a neighbor owning a narrow strip on the opposite side of the road.
A neighbor (obviously held in much disdain) driving under the influence.
A water meter located on a neighbor's property.

OP's initially expressed concern was the potential damage to the water meter. But then the rest of the bad feelings and not-so-good neighbor relations come pouring out.

Since it's doubtful you'll be able to work out friendly compromises at this point and you're talking about moving anyway, why not just use the kiss method? See if the water company (is it private or public?) will move the meter at no cost to you. If not, what would they charge? Perhaps not much. If moving the meter is not free or cheap, just forget about it. Perhaps your neighbor who likes to drive in close proximity to it will continue to miss for the balance of the time you're there.

I don't think you have a lot of risk here. It's more of a matter of personal annoyance. And I get that......

You are right, there is a lot more to it than just a water meter. We have placed fairly large boulders on either side of the meter, so we are hoping this will solve that issue for now. We are just looking the other way for the rest of the strip which includes both Neighbor #2 and our property along the road. It's just such a mess and difficult to look at every day when walking the dog. Hoping a move comes sooner rather than later.

 

[KM]

Being a private road, this may not apply to your situation at all....but I’d be very careful what I put by a roadside. Especially if it’s not your property and Neighbor#2 is friends with Neighbor #3.

I sat on a jury where a man put some rocks on his property by the road for whatever reason. Some fool injured himself on one and sued the homeowner. As the rocks were technically on the “city right of way”? (or whatever it’s called) the homeowners insurance company would not cover or defend him in court. He was on his own. Three of us on the jury argued the fool was just as responsible (if not more so) for injuring himself, but the other nine didn’t see it that way and wanted to give a huge settlement. We ended up a hung jury, so I’m not sure what happened after, but I heard they finally settled somehow.

I’ve been very leery of putting anything even remotely near a road since. I definitely wouldn’t do it on someone else’s property. I’d have the meter moved or let the guy hit it and then it’ll be moved [emoji14]

 

[pb4uski]

OP, since the road in question is a private road, who owns the land the road sits on... you, #2 or #3?

And who have easements to use said road?

IME, usually a private road is via an easement unless it is on your own land.

 

[Camas Lilly]

Being a private road, this may not apply to your situation at all....but I’d be very careful what I put by a roadside. Especially if it’s not your property and Neighbor#2 is friends with Neighbor #3.

I sat on a jury where a man put some rocks on his property by the road for whatever reason. Some fool injured himself on one and sued the homeowner. As the rocks were technically on the “city right of way”? (or whatever it’s called) the homeowners insurance company would not cover or defend him in court. He was on his own. Three of us on the jury argued the fool was just as responsible (if not more so) for injuring himself, but the other nine didn’t see it that way and wanted to give a huge settlement. We ended up a hung jury, so I’m not sure what happened after, but I heard they finally settled somehow.

I’ve been very leery of putting anything even remotely near a road since. I definitely wouldn’t do it on someone else’s property. I’d have the meter moved or let the guy hit it and then it’ll be moved [emoji14]

Having experience in the field with homeowners, that was DH's stance, so I am surprised he did put those boulders out there. He already said he is going to put some reflectors out there.

 

[Time2]

Is there a good chance the water meter will survive another 1-1/2 years until you have sold? If so, just let it go.

If not, see what the water dept. says.

 

[Camas Lilly]

Is there a good chance the water meter will survive another 1-1/2 years until you have sold? If so, just let it go.

If not, see what the water dept. says.

Yes, it probably will last that long. We probably won't actually do anything more unless it gets broken and then we will foot the bill and inquire about getting it moved. I am SOOOO ready to move. We've been here 25 years and all has been fine until this old guy, who is getting on in years, doesn't have anything else to do but watch the mailbox and obsess over the road. I sincerely hope I don't turn into this when I get old(er). It is an important lesson in life.

 

[Badger]

Having experience in the field with homeowners, that was DH's stance, so I am surprised he did put those boulders out there. He already said he is going to put some reflectors out there.

I don't think it would be a good idea to do anything near that water meter whether it is rocks or reflectors. It could set you up for a lawsuit in the event someone is hurt or property is damaged after you made the changes. I would remove anything you may have put there and step away. People (especially crazy old people) often sue for any reason that pops into their head even if they are frivolous.
I would only notify police, utility company, etc. to establish a paper trail of the problems and find out what you might be responsible for in case damage is done to the meter. Save all responses.


Cheers!

 

[pb4uski]

It the water meter is within wi-fi range of the house you could set up a motion activated security camera that would make video of the old guy coming and going.... I have a Blink security camera system and it takes a video clip once it recognizes motion and sends it to the cloud. At least then if he does run it over you'll have video evidence of it and can hold him responsible.

Or alternatively a game camera will do a similar thing but keep the recordning internal.

 

[Camas Lilly]

It the water meter is within wi-fi range of the house you could set up a motion activated security camera that would make video of the old guy coming and going.... I have a Blink security camera system and it takes a video clip once it recognizes motion and sends it to the cloud. At least then if he does run it over you'll have video evidence of it and can hold him responsible.

Or alternatively a game camera will do a similar thing but keep the recordning internal.

Already thinking about it. I do have some small ones I could set out under the porch that would work.

 

[Camas Lilly]

I don't think it would be a good idea to do anything near that water meter whether it is rocks or reflectors. It could set you up for a lawsuit in the event someone is hurt or property is damaged after you made the changes. I would remove anything you may have put there and step away. People (especially crazy old people) often sue for any reason that pops into their head even if they are frivolous.
I would only notify police, utility company, etc. to establish a paper trail of the problems and find out what you might be responsible for in case damage is done to the meter. Save all responses.


Cheers!

Thanks Badger.

 

[ExFlyBoy5]

Yes, adverse possession needs to be adverse... against the wishes of the owner... in this case it seems like neighbor #2 has given permission for the water meter to be there... ergo, the OP/water company's use is not adverse.

And most jurisdictions have some sort of time requirement...usually at least 10 years. Open. Notorious. Exclusive. Pretty tough to do, especially since so many jurisdictions have statutory laws that "override" common law.

 

[Ginny]

Nails

 

[H2ODude]

Can't offer any assistance given various laws and regs that may apply. Only can relate my experience of 30 years as a water/sewer utility director, over 100,000 customers. Typically, res meters in the pubic right of way or had to have easement. What was also typical is large commercial meters were out of the ROW on the private property, and it was required an easement be recorded before service on. Invariably the developer/contractor would leave that until the bitter end, and we would refuse to allow service because once we did we lost any leverage. Some of my bitterest memories are of "influential" owners who would access mayor, city council, to reverse us. Never did. There were multi million dollar projects that had to wait for survey and recordation of easement. I do not miss those days.

 

[pb4uski]

^^^ Glad to have an expert weigh in... I suggested that long ago.

I'm guessing that the water company has an easement of some sort.... I can't believe that they would just plunk down a water meter on private property. ...

 

[gooddog]

No need to deal with the neighbors, deal with the water department. They will solve the problem for you.