QUESTION
When the owner of a privately owned and maintained water line dies, and there are no heirs, who will then be the responsible party for its upkeep?
Asked on Mar 29th, 2012 on Business Law - Connecticut
More details to this question:
There are ten homes connected to this line, which is connected to city water. The developer of the land had dementia and his nephew from out of state took him to the VA to live, sold his home and all belongings. In addition, the nephew closed all of his uncle''s accts including the water line acct which held money collected by the home owners for repairs. The money is gone and the nephew who claims to be the power of attorney said that he is not respnsible for the line. Any advice on how to resolve? Homeowners are fighting because some refuse to chip in for the repairs now.
1 ANSWER
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You'll need to contact an attorney in the area where the property is located. He can determine whether the private line is subject to a recorded easement that allocates responsibility for upkeep. Even if there is no recorded easement, an easement may be implied under the circumstances. I practice in CT and may be able to provide you with a referral if you need one.
Answered on Apr 04th, 2012 at 3:34 PM