what is the definition of waterline?
what is the definition of waterline?
(OP)
I am town engineer defending an old easement with poor language. The easement allows for a single waterline. My contention is that we are abandoning an old line (60 years old cast iron) and replacing with a new pvc line and that only the new line will convey water making the old line simply a pipe or conduit. Without water in it, it could be used as conduit for power, a casing for a smaller sewer line, a storm drainage line etc. Does anyone know a good way to proceed?





RE: what is the definition of waterline?
If you are only allowed the waterline, then you may not be able to place other utilities there without getting a new easement, even though you have a "conduit" there.
RE: what is the definition of waterline?
RE: what is the definition of waterline?
RE: what is the definition of waterline?
You will have to have you and your attorney read the existing legal document very closely. Your document should spell out the procedures for maintenance. Typically, you are allowed to maintain the property.
In your case, the maintenance should include replacement in kind of the same type of water main.
If you are upsizing the water main and the size of the existing water main is stated in the legal document, you may have to pay for upsizing.
RE: what is the definition of waterline?
i see no problem with you upsizing or changing the material of the (water) pipe unless the legal description of the easement clearly restricts either.
RE: what is the definition of waterline?
Be curious to know how this ends, hope you keep us posted.
RE: what is the definition of waterline?
Thanks for all of the responses, they helped me think it through.
RE: what is the definition of waterline?
This gets into the INTENT of the writer of the original easement, which, if ambiguous in itself, leads to the lawyers and courts, unfortunately, to decide the outcome.
Good luck!
Mike McCann
MMC Engineering
Motto: KISS
Motivation: Don't ask