Water Company Claims Part Of Their Easement Is No Longer Valid
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We have a piece of property with a water main cutting through the middle of it.
The easement for this water main states, very clearly, that the property owner is to receive a meter free of charge. (I take it to read the installation of the meter is free - not the actual water.)
The easement was recorded about 35 years ago. And no water meter was ever installed on the property.
We are in the process of installing utilities on the piece of property and asked the water company to install the meter free of charge per the easement.
They stated that portion of the easement was "no longer valid," but that the remainder of the easement remains valid.
They are asking us to pay $4800 to install the meter. So this is basically a debate over $4800.
We have already escalated it to the point that we got a final "no" from the state lead.
The easement makes zero mention of timelines for installing the meter - and zero mentions of expiration dates, etc.
My plan was to send a certified letter asking them to install the meter (at the agreed upon location - already marked by them) - or remove their water main - within the next 30 days. I also plan to include a "rent fee" for the water main should they not remove it in that time frame. The thought is that if they believe any portion of the easement is "no longer valid," then the entire easement is no longer valid.
It is only a fight over $4800, so spending $10k on legal fees is a lose-lose situation.
Am I in the wrong here? Am I missing something?
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