If your town water main is on private property who is responsible to pay for the repairs?

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If your town water main is on private property who is responsible to pay for the repairs?

Our water main is on our neighbor’s property. We have an easement. It says we have the right to enter property of the purpose of maintaining and repairing water line, if necessary, but without obligation to make any repairs nor to contribute to the cost of repairing or maintaining water line.

Asked on September 21, 2011 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are wise to have carefully read the terms and scope of your property's easement over another parcel regarding the water line in that the easement's written terms control your obligations as owners of the property receiving the benefit of the water line.

Generally, the person receiving the benefit of an easement has the obligation to maintain and repair it as in your situation for the benefit of your own parcel. If your town's water main is on the same property as the parcel that you have an easement on for the same water line, the town and yourselves would be responsible for the repairs of it, but under the terms of the easement, you do not have the obligation to make the repairs if need be.


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