Cracking the Code: How AI Legalese Decoder Can Help You Navigate the Murky Waters of City Liability and Win a Fair Settlement for Your Well Water Pipe Break
- June 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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Your Situation: A Disrupted Well Water Supply
You’ve owned your home for 4 years, and recently, a city crew broke the well water pipe that supplies your home. Unfortunately, they left the scene without repairing it, and a city representative informed you that the connection is illegal and that you’ll need to drill a new well at your own cost.
Relevant Details
- Your home is connected to a shared artesian well with at least 5 other homes in your neighborhood, possibly more.
- The well was drilled in 1977, and your home was built in 1981. These dates predate the city’s water records.
- The water pipe supplying your home crosses a city-maintained road inside a city-owned culvert. The city plans to replace this culvert in the near future.
- Your closing/title documents reference plat records in old city record books, but you haven’t found specific details about how your home was connected to the well over 40 years ago.
- A neighbor has a copy of a well access agreement from 1977 that names 5 lots with access to the water. Your lot is not named on this document, but your home hadn’t been built yet.
City Representative’s Possible Outcomes
- They may cut and cap the water pipe supplying your home when they renovate the culvert, leaving you without water.
- They may require the remaining homes on the shared well to file new permits or, more likely, require that all owners drill individual wells, as community wells are no longer allowed.
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- Analyzing your situation: Our AI-powered platform can quickly review your situation and provide personalized insights and recommendations.
- Decoding legal documents: We can help you make sense of complex legal documents, such as plat records and well access agreements, to ensure you understand your rights and obligations.
- Identifying potential legal issues: AI Legalese Decoder can detect potential legal issues and provide guidance on how to address them, such as seeking compensation from your title insurance company.
- Helping you prepare for negotiations: We can assist you in preparing for negotiations with the city and other parties involved, ensuring you’re adequately represented and prepared to defend your interests.
Next Steps
- Gather more information: Continue to gather information about the shared well, the city’s regulations, and your property’s history.
- Consult with a real estate attorney: While AI Legalese Decoder can provide valuable insights, it’s essential to consult with a qualified real estate attorney to ensure you’re adequately represented and prepared to address any legal issues that arise.
- Review your title insurance: Check your title insurance policy to see if you’re eligible for compensation or other remedies related to the city’s actions.
- Be prepared to negotiate: With AI Legalese Decoder’s guidance, be prepared to negotiate with the city and other parties involved to achieve a favorable outcome.
By working together with AI Legalese Decoder and a qualified real estate attorney, you’ll be better equipped to navigate this complex situation and protect your rights as a homeowner.
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Have you considered going after the city? File a claim with the city, let them know they damaged your property and that they need to fix your damages. If they’re unwilling to fix it because of those code violations, then you could get that monetary compensation. Many times we try to work with everyone to prevent any litigation.
I work for a municipality and the individuals who broke your well and who spoke with you about codes and city ordinances are probably not the same people who handle claims filed against the city. We get claims pretty often by individuals having the property damaged by municipality workers and if we don’t do anything about it it can be considered negligence.
Get a lawyer. It’s against the law for them to restrict your access to water. Even if there is new codes or whatever that they’re trying to enforce that would make you have to drill a new well they can’t cut off the access you currently have. Even if they accidentally broke the pipe they are responsible for getting it fixed in a timely manner. They can’t just bust the pipe, say too bad you’ll have to drill a new well, and walk away. In most cases just the threat of legal action will get the desired result.
I’ve got no insight I’m just really upset for you. I read your last post, and saw this, and that’s absolutely infuriating that this is happening just because his neighbor was obsessed with the natural accurance known as puddles. OP lost access to water because some dumbass insisted to the city enough times that they needed to do something that didn’t need to be done, so when they came to appease him he distracted the crew long enough that it destroyed OPs water line, and then everyone all fucked off so OP could deal with the fallout.
>A neighbor on the same shared well has a copy of a well access agreement from 1977 that names 5 lots with access to the water. My lot is not named on this document, but my home had not been built yet.
The key here is to find the documentation for your home. The issue could very well be that your home never had this agreement and was, when it was built in 1981, illegally connected to the well. That could also explain why it was damaged in the first place. If your home was illegally connected and not documented with the city, they would have had no documentation that they were digging into your pipe in the first place. Just because 5 homes were approved to be part of this shared well doesn’t mean any/every home in the neighborhood would be.
You should get together with your neighbors who share the well and get a local real estate lawyer. I am not usually a lawyer person, but this is for sure a job for a lawyer. Right now this is affecting you the most, but clearly it will affect them soon. You may have some sort of agreement that governs repairs to the water system, if so suggest you split cost along those lines. It sounds like the city is still forming an opinion, so soon is better than later with the lawyer since the lawyer can assist the city with formation of the opinion.
I live out west and have worked for a municipal public works departments and the city’s posture seems very unusual to me, but maybe that’s how they do things in Florida.
Your situation is unusual and most answers here are speculative. Unfortunately you will need to get a good real estate attorney and you will probably have to spend serious money to resolve this.
Hmm, I thought well permits were issued by the Water Management Districts. Don’t know your location, but I’m in central Florida and the SWFWMD issue well construction permits, not our County. Not saying the County isn’t advised or require additional permits but the actual well drilling permits starts with them. You can even look online for them.
Does title insurance play a role here?
It sounds you have to get a new well up to modern day code specifications.
NAL
If your access to the grandfathered well is inside the city’s culvert, and you don’t have an encroachment agreement with the city, then it is not unlikely that you have to play by their current rules. The city likely can’t ’make’ you stop using a well, but they likely can regulate their own right of way (the street) and what goes in it. Maybe you can apply for a new encroachment agreement (street owners generally have to give out encroachment agreements fairly often). Most entities’ encroachment agreements are not free, though, and will generally specify that if they need you to move (again), it is at your cost.
If community wells also can no longer be permitted then it sounds like the most likely thing to plan on is drilling a new well on your land, rather than attempting a new encroachment.
Something that may come in to play or you may want to consider is that you haven’t mentioned a requirement of backlfow or cross connection protection (RPZ). It seems to me that there may be some exposure to backflow on a shared well, especially if it’s old. Backflow is not a big problem until someone does something stupid, which increases with the number of connections. I’m not familiar with Florida rules, but I’m surprised this hasn’t come up.
Sounds like the issue was the water line inside the culvert
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Just curious. I know nothing about real estate law. But I would contact a real estate attorney just in case there is some insurance somewhere in the purchase of your home. Again. I don’t know but maybe from the homes inspection?