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Irrigation Pipe Easement

Hi there,

I own a home in Colorado which borders an irrigation ditch. Previous to our buying the home 4 years ago, the previous owner of our home granted verbal permission which allowed for our next door neighbor to place an irrigation pump on our property, and lay an irrigation pipe under ground that runs through my back yard and to their irrigation system. This may have been as early as 13 years ago, but maybe up to 16 years. Our current neighbor is moving, and the prospective buyers would like to continue the arrangement between the previous property owners regarding the irrigation line. We always enjoyed a great relationship with our previous neighbor, and she verbally stated to us that she would always repair the line should something go wrong.

Our issue is that there was never a written agreement that outlined the maintenance of the pump, electrical, or irrigation line. It is our contention that the new owners who solely benefit from this irrigation line should be exclusively responsible for it's timely repair and returning our yard to it's previous condition should the line break or require repair. I also am requesting the right to terminate their easement should the irrigation line no longer be mutually beneficial, or cause undue stress or problems.

I'll cross post this to legal questions, I just didn't know what the real estate community thought about this. Thank you in advance!

submitted by /u/devildogdrew87
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source https://www.reddit.com/r/RealEstate/comments/cjl1o8/irrigation_pipe_easement/

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