• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Water supply to proposed const.

Status
Not open for further replies.

Donny Lindner

Thread Starter
Junior Member
Joined
Aug 3, 2005
Professional Status
Certified Residential Appraiser
State
Texas
I am doing an appraisal for a local bank. The borrower owns 3.688 acres. They want to put a doublewide on the lot. Their son owns the lot next to this. They are going to share the water well which is on the sons lot. There is a PUE around the perimeter of the 3.688 acres. Can they install a water supply line through this easement?
 

Mark K

Senior Member
Joined
Jan 27, 2004
Professional Status
Certified Residential Appraiser
State
Indiana
That would be spelled out in the Easement documents. You'll have to read them to find out. You might have to ask a lawyer for his opinion but nobody can answer the question without the document. Not all easements are created equally.

Water supply lines are generally considered utilities so a water service line might be allowed, assuming the PUE stands for Permanent Utility Easement. Most I've seen are called D&UE, drainage and utility easements.
 
Last edited:

PropertyEconomics

Elite Member
Joined
Jun 19, 2007
Professional Status
Certified General Appraiser
State
New Mexico
My guess is they cannot do it without permission from the holder of the easement. Has it been dedicated to any governmental authority, ie the county? They would definately also need an easement from the well across the sons land dependant upon where the well sits.
Additionally, they will need a fully executed well share agreement which should be prepared by an attorney addressing all issues including maintenance, use, etc.. Although the sites are shared by family members now at some point in the future its possible the parties owning these parcels will not be related and fully executed documents will be needed and required.
 

Mike Boyd

Elite Member
Joined
Jan 18, 2002
Professional Status
Retired Appraiser
State
California
That would be spelled out in the Easement documents. You'll have to read them to find out. You might have to ask a lawyer for his opinion but nobody can answer the question without the document. Not all easements are created equally.

Water supply lines are generally considered utilities so a water service line might be allowed, assuming the PUE stands for Permanent Utility Easement. Most I've seen are called D&UE, drainage and utility easements.

More likely a PUBLIC utility easement. This would be for the exclusive use of the utility companies, not a private party unless so written in the deed. The son would have to grant a new easment to that owner. Call a title company officer or a lawyer.
 

Annelle

Junior Member
Joined
Jan 26, 2004
Professional Status
Certified General Appraiser
State
Arizona
Good question! I'm interested in hearing the outcome.
 

CANative

Elite Member
Joined
Jun 18, 2003
Professional Status
Retired Appraiser
State
California
House 1.....House 2.....House 3

Gas...........Water........Electricity

Use a pen or pencil to draw lines for each utility to each house. Do NOT cross any lines.
 

PropertyEconomics

Elite Member
Joined
Jun 19, 2007
Professional Status
Certified General Appraiser
State
New Mexico
House 1.....House 2.....House 3

Gas...........Water........Electricity

Use a pen or pencil to draw lines for each utility to each house. Do NOT cross any lines.


Hmmm I just thought it was a shared well that water lines needed to be installed for. :shrug:
 

Mike Boyd

Elite Member
Joined
Jan 18, 2002
Professional Status
Retired Appraiser
State
California
Hmmm I just thought it was a shared well that water lines needed to be installed for. :shrug:

Nope. Gotta have an easement for the lines, maintenance agreement on the well. An easement shows a constructive agreement to share the well. Otherwise, you have no rights to any water.
 

Terrel L. Shields

Elite Member
Gold Supporting Member
Joined
May 2, 2002
Professional Status
Certified General Appraiser
State
Arkansas
:rof: You could just squirt the water over the easement into a barrel with a small jet pump in it .....:clapping:
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Top

AdBlock Detected

We get it, advertisements are annoying!

Sure, ad-blocking software does a great job at blocking ads, but it also blocks useful features of our website. For the best site experience please disable your AdBlocker.

I've Disabled AdBlock
No Thanks