Neighbor Problem

Updated on December 12, 2010
A.S. asks from Lone Tree, IA
9 answers

This may get a bit lengthy so I apologize. About two and a half/three months ago I noticed that water was pooling up in my front yard. I kept my eye on it for a few days (it had recently been raining) and the water did not go away. Upon closer inspection, I noted that it looked like I had a little, bubbling spring in my yard so I knew it was the water pipe. I called the water company. They came out, dug up a section of my yard and a bit of the paved street and fixed the pipe (or so I thought). They told me the broken pipe wasn't my problem and that (very, very thankfully) I didn't owe anything. So I thought that was the end of the problem. They covered the hole they made with gravel and dirt so I figured they would pave it when they had a crew out and about. Not a problem as my daughter plays in the back yard. Well, after more than a month had passed without repaving I called the water company again and asked when they were going to send a crew out to finish up because the gravel had been slowly disappearing and the dirt was sinking into the hole. It turns out by "not your problem, lady" they didn't mean that it was the utility company's problem but that of my neighbor. The man I spoke to told me that my neighbor needs to replace a service pipe (the pipe that actually delivers the water to her house) and that they did not repave as a courtesy to her because she would just have to dig it up again. Apparently they have already given her two notices telling her to comply. So, they came out and filled up the hole with dirt and rocks and really packed it in. They told me that they would send the neighbor another notice. My neighbor is elderly (best guess, at least 80). Unfortunately she needs to replace her pipe which runs the entire length of my front yard (which is quite substantial) and will necessitate digging up a long trench in my yard, removing my fence, tearing up a section of the driveway leading to my attached garage and also probably tearing up the street. I know that it is going to be extremely pricey. I feel very badly for my neighbor but she cannot just leave my yard messed up and, per the water company, she cannot get out of fixing the pipe (so I know all of this construction is coming at some point whether she wants it to or not and that means my property is going to be compromised, for lack of a better term). So, my main question is how long do I give my neighbor before addressing the issue with her or bringing it to the attention of the water company yet again? I do not want to bring it up before the holidays but neither do I want to let it go so that things get worse and more costly for her. My husband and I are perfectly willing to wait until the spring for any "fixing" to take place (provided that there will not be any winter damage to our pipe/yard) because I know it is much harder and more expensive to do plumbing work in the winter when the ground it frozen but we would feel more comfortable if we knew there was a plan of action. Thanks for any input.

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So What Happened?

The neighbor is 100% responsible for replacement of the pipe even though it runs through my property because it is her service pipe, my pipe is not in disrepair. The water main is in the corner of my yard. My pipe hooks up to it and, obviously, goes to my house (it is copper). The neighbor's pipe hooks up to it and travels through my yard (right near the border of the street...we live on a dead end) and into her house. I am assuming the line was put in at this location to avoid having to dig up the entire street when it was originally installed. According to the water company her pipe is made from a material which is sub-par and not suitable for the purpose of a service line and it must be replaced. If she fails to comply they can (and probably will, unfortunately) shut off her water and condemn her property. They will then cover up the hole and the house will be considered uninhabitable until the pipe is replaced. In my previous house we had to replace the service line and it cost $2500. This project is at least quadruple the length so, like I said, pricey. My oak trees haven't changed into money trees so I am not able to assist her in this and, seriously, when was the last time you handed $5000 to a neighbor to assist her with a home repair? I went over today to try to discuss the issue when I knew her relative was there and they did not answer the door so I get the impression they are avoiding the situation (I can't blame them but the water company won't be put off forever). Like I said, I feel badly for her but this is one of the pitfalls of home ownership, I guess, regardless of one's age. I have contacted a local program. It is income based so I have no way of knowing if she qualifies (I doubt it because they take into consideration home equity and, unless she has taken out a mortgage, her house was paid for in 1951 and has a value of around $90K). She will have to contact them to move further with it. I guess my hands are tied as it is now up to the water company to either shut her off or leave her alone. I am, of course, hoping for the latter because I don't want to see her put out and I also, selfishly, don't want my yard and driveway dug up. I think it is complete bull that a water main can be located so far from one's property. I think the city should give her one much closer to her house but they are not obligated to do so and I am sure they aren't going to spend money if they can force the homeowner to do it. I am angry on behalf of my neighbor and I might have to send a nasty letter to City Hall.

Featured Answers

S.P.

answers from Los Angeles on

Because she is very very old, and perhaps not totally competent
in dealing with such things, one option would be to stop by to visit her,
asking how she is doing, and get a sense of whether she understands
this kind of thing.
Not to ask her directly about this particular situation, but in general.
If possible, find out if she has one or more family members
who helps her with these kinds of situations -- taxes, etc.
Then communicate with the family member(s).
In a kind way.
Another possibility is to look up her address in the County records.
See if her home is listed not just in her name as an individual,
but perhaps w/one or more other people, as co-owners, joint tenants.
Etc. And then contact the other person/people.
I'm imagining the mail from the water company lying in a pile of other mail,
unseen by her.
Good luck.

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M.L.

answers from Houston on

Wow, this sounds horrible. It doesn't seem right that she is responsible for all of that work, that really sounds like an issue with the water company, but what do I know? The water main that far from her property?

Really, I would address it with her now., always better to get things out in the open. She will most likely have to get a permit from the city as well, and they will most likely have to approve the work before it's all buried too. She may not realize the seriousness, or even have the money to pay.

According to your city's water company, if the pipe isn't repaired by the required date, they have the right to shut off her service (See here page 2-5)
http://www.mpw.org/pdf/Water%20Service%20Rules.pdf
I know this is a different area's water company policy, but it states "You will need to complete a repair within 30 days of becoming aware of a leak to make sure you qualify for help with the plumber's bill. "

Perhaps she can call the water company to find out if they offer any assistance. Once she schedules a date, they can find a qualified contractor to come out:
http://www.mpw.org/

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N.R.

answers from Des Moines on

Do you have a good relationship with this neighbor? Do you know her at all? What will happen ultimately if she doesn't have the money to fix the problem? Is she mentally capable of making all of the arrangements to have the problem taken care of, or is it too overwhelming for her to handle? I would take a plate of cookies or brownies over and ask if she has a moment to sit down and discuss the problem. At least you'll know where she stands, if she plans to fix it, or not. If not, you'll probably need to talk to the legal dept. at the water company to see if they will help pursue this, and if not, you may have to hire an attorney of your own. Good luck.

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R.R.

answers from Madison on

Just read your post. If I was 80 years old, I probably wouldn't deal with it. I would wait it out to see if 1) it would get any worse; 2) anyone made any fuss; 3) forced to do anything.

Honestly, if you were that age, would you really want to invest that amount of money into your house (assuming you had the resources to do so)?

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S.G.

answers from Rapid City on

I don't understand why it would be her problem to replace pipe that isn't on her property. It is my understanding that we are responsible for the pipe from the city valve into the house, so why is she responsible for the road and your yard? This is too much for a elderly lady who probably lives on a fixed income, because if she has money she would have hired someone to do it. You may check with the senior citizen center in your area and see if there is grants or help for her. Also talk to her, maybe split the cost would help if you can afford it. Good luck, I hope it works out for you all.

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J.W.

answers from Minneapolis on

It sounds like you haven't spoken with her recently - I agree that you should just talk to her. Bring over some cranberry bread, wish her a happy holiday, and get a sense of how she's doing. If she is still pretty sharp and present, go back on another day and talk about the pipe. If she's failing, ask about her family, and whether anyone is looking after her affairs. Ask her if she'd be willing to give you that person's phone number, just in case something happened (tree branch down, etc) and you could help out. Contact that person. She is surely on a fixed income and there are surely county and state resources to help her afford things like this. It's doubtful that homeowners insurance will cover it, as it's likely just that the pipe is just old and the other pipes on your street have been upgraded as the homes have been sold over the years. It might be worth making a call to the water company, inquiring on your neighbor's behalf, they may be able to point you to resources for her. Otherwise, a call to the city or the county - anonymously, if you can, you don't want to sic inspectors on her - may turn up some resources. Even if she turns out to be in denial or resistant or confused and without family help, you can get a social worker involved that can help her work through this. A little extra leg work on your part to track down some help for her will likely go farther towards getting the job done than a confrontation.

Seems like a situation in which the "village" approach (we all take care of each other) is going to be a good first step.

Good luck!

F.H.

answers from Phoenix on

Ask her to check with her homeowners insurance to see if it's something they will cover...she will have to pay her deductible tho...good luck!!!

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S.B.

answers from Wichita on

If it's in your yard and is not causing her any direct problems, she may be putting it off hoping you will take care of it. I'm not sure what your plan of action will be, but you may need to confront her directly.

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M.C.

answers from Washington DC on

Does she live alone? Maybe this needs to be brought up to one of her children?

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