There are few more important rights to Westerners than rights to land; this is especially true when water is involved—or to use the fancy legal term, “riparian rights.” But strictly speaking, this matter probably has little to do with water rights. Instead, there is an apparent easement for the use of one piece of property, for the benefit of another piece of property. There are sometimes two competing sets of rights, when these cases of implied use or easements arise. Property owners generally have an absolute right to the full legal use of their own priority; however, when facts arise to cause what happens on one property to harm another, then the law steps in.
1. The Recorded Instrument
Always first look at the deed or covenants or contracts, giving you your basic rights to the property, its use, and/or water.
In a dispute, the actual language of the deed is obviously most important. If there is a written easement, for example, is access to maintain or repair water lines and meter(s) granted expressly (in certain language)? And if access is not expressly written, then it will have to be “reasonably” implied.
If there is an easement, courts read it “narrowly.” This limits the use of any easement to reasonable applications. For example, giving notice of entry, and not destroying your neighbor's property to access lines and meters, is reasonable. Building a walkway on your neighbor’s land to reach the easement would probably not be reasonable.
There are also obligations on the neighbor's land where the lines and meter are located. Neighbors may not simply, harmfully interfere with your water. If the water comes from a public utility, the easement is almost certainly a matter of public record. If the water source comes from a private source on the neighbor’s property, the neighbor may have more latitude to “interfere” with your water and its supply. Quite apart from lines and meters, this interference is a matter of riparian rights. Note however, that “not interfering with” is not the same thing as “facilitating, or even allowing, repairs and changes”—in short, your neighbor may not need to be helpful or cooperative.
Public utilities usually record their easements over someone’s property above (water lines) or below (electric lines) their pipes or wires. When utilities have an easement, they have an actual property right to come on the land covered by the easement to do maintenance work and the like. Even when there is no actual easement, there are a variety of laws, municipal codes, and even common law precedents which prevent property owners from interfering with public water. So if it’s a public water supply, the neighbor can’t cut it off, impose a surtax, etc. any more than a neighbor could cut off electric power simply because the lines run through his or her backyard.
However, even if it is public water, a neighbor does not necessarily need to allow people unimpeded access—including utility personnel, contractors, or you—onto his or her land for non-emergency maintenance, to hook up new lines to a meter, etc. Property rights carry a great deal of force, so even though the neighbor may be precluded from actively interfering, that doesn’t mean he or she can’t passively (or passive-aggressively) cause problems by simply refusing permission to access his or her land. When there’s a non-emergency “need” to do so, it would be difficult to force the issue. And even emergency maintenance could at least be reasonably delayed while the utility seeks a court order.
2. Common Law Rights
Even if there are recorded rights, such as easements or encumbrances, courts use their own set of legal fences to help make for good neighbors. There are courts decisions reflecting hundreds of years of rights and responsibilities.
Reasonable versus unreasonable access is a common law principle. Courts also look to “necessity.” If an easement would be the only way to protect the usability of property, the court might find an easement of necessity....so long as it does not unfairly burden the neighbor.
Even if ultimately you could get access, having your water line and meter on a neighbor’s property can be painful. Depending on the history of the property—e.g. were the two lots split apart at some point in the past?—a court may be convinced to find and grant an easement where one had not formally existed . . . but do you want to have to go to court to try to get the court to give you a right over your neighbor’s land?
“History” and any use of the land is taken into consideration. If an easement is not recorded, but of long-standing use, the court may formally create the easement. Changes in facts may also change the ability to use the easement. An easement originally designed to aid a single family home may not support ordering that easement to be used for a tract development of hundreds of homes.
If the water comes from a well on the neighbor’s property, the situation gets worse. Again, if there was an explicit easement granting access, that will probably be enforced. A contract will also be enforced if it was signed by the current tenant or properly assigned to him or her—but if it wasn’t assigned, it may be unenforceable (since you can’t necessarily enforce someone else’s contract). Sometimes, as noted above, depending on the property’s history, a court may be persuaded to find that an easement did, does, or should exist.
Conclusion
The laws regarding water easements may change: but recorded interests are very likely to receive the greatest protection.
In short, having your water line and meter on another’s property is not necessarily fatal, but it is sometimes very undesirable. If you can, try negotiating with your neighbor for permission to reduce the use to writing; if not, consider the costs to relocate the meter(s), and possibly even the lines, onto your land.