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Oregon | First things first. Did your predecessor grant the neighbor an easement? Second, was that document recorded in the country records office? Third, what does it say- Does it address the right to repair when grantee does not maintain the waterwork?
Assuming there was no written and recorded easement grant, I recommend you talk to legal counsel about your right to prevent harm to your your property. A well drafted letter to the neighbor might bring them to the right side of things. (You said that you "left a message" about the issue. You might try a certified letter.) Then, if they fail to step up, that written document will help protect you if you exercise a right to prevent harm to your property- including defending yourself from any claims they may bring (plugging it up) and increasing the likelihood of your being reimbursed for your costs- should you elect to repair. In other words, spend $900 now and save yourself several times that amount wasted on screwing around in the future.
Obviously you had the resources to buy ground a couple years ago, so I recommend spending the resources on legal counsel now so you best protect your assets. If you do not have a lawyer you like, many will offer a free consultation and, should you retain them, you can put a price cap on any scope of work you authorize. This way you do not get bled on a simple matter.
Finally- I am not saying "get a lawyer and go after them." I am saying, if the easement language is not clear, spend some resources on understanding your legal rights so you know which remedies are legal and which are a bit more Western. Then you can make an informed decision about how you want to proceed and sleep at night not worrying about.
-Mike
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Neighbors won’t fix their tile, what would you do?
