Main water line leak/break...Responsibility?


  #1  
Old 02-17-07, 12:19 PM
ewschott's Avatar
Member
Thread Starter
Join Date: Nov 2004
Location: midwest
Posts: 37
Upvotes: 0
Received 0 Upvotes on 0 Posts
Main water line leak/break...Responsibility?

We just had our main water line fixed, it is about 1/4 mile from our house and in one of the neighbors yard. He is the one that found the area.

We are 1/2 mile from the meters so we understood this was our responsibility since it was on our home side.

BUT... after the plumber is finished with the back hoe and the patching, whose responsibility does if fall on for fixing the area that has been torn up? The person on the other drive has voiced a few concerns.

Also, the plumbers have said the cause was normal wear, how is this received by insurance companies?
 
  #2  
Old 02-17-07, 12:29 PM
nap's Avatar
nap
nap is offline
New Member
Join Date: May 2006
Location: north
Posts: 3,821
Upvotes: 0
Received 3 Upvotes on 3 Posts
\\\\BUT... after the plumber is finished with the back hoe and the patching, whose responsibility does if fall on for fixing the area that has been torn up? The person on the other drive has voiced a few concerns.\\\\

it's your water line. it's your responisbility to repair the area UNLESS there is an easement and there are encroaching installations on the easement but generally, it is on you to repair, especially if it is simply grass and such.


\\\\Also, the plumbers have said the cause was normal wear, how is this received by insurance companies?\\\\


the same way they would look at any wear and tear on your house. It happens in the normal course of things and that is not what inurance is for.



Mods, isn't there any way to give us a quote function even without all the other stuff that apparently is a problem?? Please!!!! It would be so nice and help keep posts less confusing. (then the only thing causing confusion would be what I reply with )
 
  #3  
Old 02-17-07, 01:26 PM
chandler's Avatar
Banned. Rule And/Or Policy Violation
Join Date: Dec 2005
Location: USA
Posts: 36,607
Upvotes: 0
Received 11 Upvotes on 10 Posts
Nap, just jumping in with no LZ, but why quote anyway? Their post is directly above.
Ewschott: I don't see how an insurance company would get involved anyway. There are easements involved with water, power and fence lines, so the grievants may not have a voice, and there would be no way to prevent the digging. But as a neighborly gesture, I would help by reseeding the area, etc.
 
  #4  
Old 02-17-07, 08:42 PM
ewschott's Avatar
Member
Thread Starter
Join Date: Nov 2004
Location: midwest
Posts: 37
Upvotes: 0
Received 0 Upvotes on 0 Posts
Thank you very much for your input.

I just wanted to make sure you knew by the insurance I was talking about the cost of actually repairing the break, not the neighbors yard.

We were certainly planning on taking care of their yard, but when my husband dropped off the check to the plumbing company, they said once the weather cleared, they would roll and sod the area.

I am also not sure about easements or how they would affect things. Our drive has the majority of the homes (8) that fork off of the drive, and then there are 5 of us beyond. This pipe was as I mentioned 1/4 mile from our home so the break was actually on the forked area 1/2 way down, I know there must be something between there. Our lots were planned with a pie shape crossing over the drive, so no one would be able to develop their property.

Again thank you for your input.
 
  #5  
Old 02-17-07, 10:54 PM
nap's Avatar
nap
nap is offline
New Member
Join Date: May 2006
Location: north
Posts: 3,821
Upvotes: 0
Received 3 Upvotes on 3 Posts
Originally Posted by chandler
Nap, just jumping in with no LZ, but why quote anyway? .

it would make it easier to seperate and reply to individual portions of the post. It also allows for a distinctive method of defining the OP's statement from an answer to that statement.

this thread is fairly clear but they often get confusing when you reply to 5 different questions from a previous post and do not have the ability to easily associate your answer with a question.


ewschott: I didn't realzie the break affected multiple homes. Is this water line individually owned or does the local water department own it. From your post, I took it that you owned it. If so, then the owners of the line would be responsible for the expense. Since apparently multiple owners are affected, then the expense would be shared equally by all those affected, just the same as the water line itself.

the reason I specifically mentioned the easement AND encroachments on an easement wasn't to imply you would be any less responsible to repair the property but an encroachment built on the easement by the servient tenant would not have to be repaired (generally) by the dominant tenant of the easement.

Some folks like to build where they should not and expect the improper building to be repaired in a situation such as yours. It just doesn't work that way.
 
  #6  
Old 02-18-07, 02:42 PM
Pendragon's Avatar
Member
Join Date: Jul 2002
Location: USA
Posts: 1,767
Upvotes: 0
Received 2 Upvotes on 2 Posts
If the pipe is under a roadway (and a 'drive' that serves at least 13 homes is a road, not a driveway), it should be able to handle the traffic designed for that roadway. "Normal wear" doesn't come into play. Standard PVC typically used for supply lines from the meter to the home isn't really designed to be driven over constantly unless it is buried very deep.

As for restoring the lawn, since the plumbing company is taking care of it, you're ok on that part.

Insurance doesn't cover 'wear and tear', probably doesn't cover improperly installed utilities either.
 
  #7  
Old 02-20-07, 06:32 PM
ewschott's Avatar
Member
Thread Starter
Join Date: Nov 2004
Location: midwest
Posts: 37
Upvotes: 0
Received 0 Upvotes on 0 Posts
Thanks again guys, I do believe all my questions were answered.

Just so I am not confusing anyone but myself!

The lines do join but unfortunately not until after the break so it was all ours. Yes it was PVC pipe but the leak was not under pavement, but about 20 yards from the fork of the drive, so it certainly is driven over.

Someone mentioned the number of houses, (this would be a good opportunity for quoting capabilities) but we have no county or city help, since we are considered a private drive so our association fees have to cover everything (except this of course) I believe those have been wiped out already with snow, ice and fallen trees.

Don't you miss the Ziggy cartoon?
 
 

Thread Tools
Search this Thread
 
Ask a Question
Question Title:
Description:
Your question will be posted in: