
12/01/10, 09:22 AM
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Join Date: Jun 2010
Location: Central Texas
Posts: 2,280
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Quote:
Originally Posted by fordy
....................My guess is , is that , when you voluntarily move your fence line too accommodate their Illegally placed water line , that may mean that you give up any redress in a court proceeding as you have tenatively accepted their mistake thereby giving the contractor and the country a legal defense in any legal action you might bring against them ! I wouldn't wait on them too "send you a bill" , I'd get an attorney , fill a suit(contractor and county) too make them move the water line . Don't allow them too dictate the agenda , be proactive ! , fordy 
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Yeah well the water line has been there they say about three years, the previous owner granted them easement, and going back to read the easement papers it isn't so clear where the easement is supposed to be at all. But they still couldn't trace it and mark it for me and digging it all up would have left me trying to set posts into fresh backfill.
It also isn't just their stuff that is outside the easement, there is some phone stuff, a power pole and more inside it. The corner where the two roads meet has been made wider and wider over time as the road is crushed limestone and the pin marking the easement edge is literally the edge of the road now. Putting anything inside the easement would be digging up the road now.
I don't really mind losing the corner and cutting across it at a 45 degree angle about 15' from the easement marker pin isn't a big deal so I'll just let it be as it is as long as they don't gouge me for repairs to that main. If they send a bill for a few thousand though they will have fight on their hands, and I have a good attorney, retired law professor that would likely take it on for free. I'll get along if they will.
Edit: They sent me a bill for the water line repairs, I just got around to checking the mail and it got here to my place n Dallas before I even got home. It's $311 dollars. I guess I'll call em up and talk about it but since it isn't very much it isn't going to kill me to pay it if it's too much trouble to fight..
Last edited by Txrider; 12/01/10 at 10:49 AM.
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