Is it legal for my neighbor to list their home for sale as having an individual well when they use our privately owned well?

We have a verbal agreement with the current neighbor. There is no contract for the usage of our well on our property. They told us we need an attorney. Why? Can’t we just shut off the water to their house?

Asked on June 5, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Well not if you have a verbal contract to provide water to their home.  I would indeed consult an attorney as soon as you can here.  If they are planning on selling the tems of your agreement need to be discussed and to determine if they are transferrable to the new owners.  And I agree that they are indeed misrepresenting the situation in their listing.  Good luck.


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