Posted by john on 7/17/07

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For many years (over 30) a pipe has run underground from an
underground water main at a public road crossing lot "A"
and supplying water to lot "B". No easement or permission
was ever granted owner of lot "B" for the pipe. The pipe
was put in before there were any neighbors. The lots have
no common ownership history. Recently lot owner "A"
installed a rock wall and unaware that a pipe ran under his
property cut the pipe. Owner of lot "B" is suing for damage
claiming that he has a prescriptive easement. Just to add
to the complexity of this, there is a small strip of land
(20 feet wide) between lots "A" and "B" that is owned by
the county. The pipe also passes under the county land.

(1) Is the underground pipe, absent any above ground
connection to a well head or pump facility, an open and/or
apparent use by lot "B" that would satisfy the requirement
of "open use" necessary for establishing a prescriptive
easement?

(2) If a prescriptive easement is found to exist on
lot "A" in favor of lot "B" can it be defeated because a
connecting prescriptive easement on the county land can not
exist, therefore; rendering the prescriptive easement
unusable? (no grant of easement by county exists and a
prescriptive easement on county land is prohibited by law)

--john
UH Law School

Prescriptive easement for underground pipe -- With a twist., 7/17/07, by john.

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