How to Obtain an Easement
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Summary
Two neighbors and I went together and put in a well for the purpose of irrigating our yards. We equally divided the cost of the well, pump, etc. Now the neighbor on whose property the well is located is selling her home. How can my other neighbor and I retain the legal right to use the well after the property is sold? |
“Two neighbors and I went together and put in a well for the purpose of irrigating our yards. We equally divided the cost of the well, pump, etc. Now the neighbor on whose property the well is located is selling her home. How can my other neighbor and I retain the legal right to use the well after the property is sold?”
What you want is not that you personally have the right to water from the well, but that whoever owns your property has that right (so that the water rights go with the property when you sell it). Therefore, what you need to do is have an easement drafted and recorded against all three properties which specifies not only that you have the right to use the well, but what the limits of that right are (e.g., you don’t want one neighbor draining the well dry and leaving none for anyone else) and what the responsibilities of each owner are with regard to maintenance, repair, and replacement.
A local real estate attorney should be able to help you draft something in proper legal form, covering all the necessary bases. If all the parties are in agreement, it should not be an expensive visit to the lawyer.
Can the People Using the Easement on my Property Legally Extend/Enlarge the Size of Easement?
How to Cope with Neighbors and Misuse of Property
What is an Easement in Gross?
For more on this subject check out these categories: Property, Easements
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.