If the neighbor who has allowed me free usage of water from his well for the past 15 years has died, do I lose my water?

His heirs are building new homes on property and says there isn’t enough water for all. Must I dig my own well now? I have no legal agreement.

Asked on February 6, 2016 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, you summarized the case well: based on what you write, you have no legal argument. The heirs are under no legal obligation to allow you take water from their well: they are not bound by what the deceased did, and the fact that you did this for many years is irrelevant. They have the right to deny you access.


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