Legal Question in Real Estate Law in Utah

A secondary water irrigation pipe that runs across my property wihin 15ft of my home burst causing flooding and significant structural damage to my foundation and above ground structure. There was no easement recorded for this system, nor did I know it was there, the builder who built my home didn't know it was there. 1)Who is liable for the damage and/or where do I have recourse? Title company, survey company, original seller of land, irrigation company, city engineers? 2) Does the irrigation company now have rights to this easement since it went uncontested for 25 years?


Asked on 9/28/10, 5:01 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

The owner of the pipe, probably the irrigation company.

Whether they have a right to the easement is a question of law, and is subject to a complete review of the history of the property.

You may call for a free consultation.

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Answered on 10/04/10, 7:09 am


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