Legal Question in Real Estate Law in Washington

Ownership of irrigation valves

Greetings; We purchased a home three years ago, the former owner also owns a lot next to ours which they are now selling. The sprinkler valves and water supply for both lots are on their lot. They are now demanding we move the valves. Are we responsible for the cost of moving the valves or are they responsible? Thanks for your help!


Asked on 5/29/08, 12:30 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Ownership of irrigation valves

I would really need to know more information to answer this question. I'd like to know if these two lots were subdivided by the former owner, or how else did it come to pass that the valves and water supply are on the other lot. (By the way, by "water supply" do you mean a tank, a well, or ?)

It may be possible that you have an easement onto the neighboring lot that provides for access and keeping the valves there. You may also be able to claim a prescriptive easement exists (meaning it is not written but inferred and enforceable after a certain passage of time). That might also depend upon how long the valves have been there prior to your purchase three years ago.

You may also have a breach of contract claim, or a fraud claim, or a negligence claim against the seller. There are a lot of different angles that you can approach this situation, and I advise you invest a little money in an attorney to sit down with and allow that person go through all possible angles after they go through the deeds and purchase contract, to see what your possible causes of action are and to suggest the best course of action for you. Without the documents and the ability to sit down with you, this is the best that I can do, and this should only be meant to give you a taste of what you are looking at. My advice here is not to be relied upon for how you handle this situation.

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Answered on 5/29/08, 1:28 pm


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