What to do about water well rights?

My father-in-law had 10 acres. He sold 9.5 and kept .5 acre. The water well that belonged to him is on the other side of his land and was not sold in the deed. The other owners are now

telling him he has to get his own well. Is that legal and what should he do?

Asked on July 5, 2016 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to get all of the deeds and contracts for sale and have a real estate attorney review them asap.
Generally, if a certain right or easement is not retained via contract or deed, then the buyer looses certain rights after the sale of the property... which would include water rights.  However, if there is language in one of the documents, then he may still have certain rights.  His rights will depend on how they are worded.  Thus, the reason that all of the documents regarding the sale needs to be reviewed by an attorney.

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