WHEN YOU OWN YOUR PROPERTY DO YOU HAVE TO LET FAMILY USE YOUR WATER & PROPERTY FOR PARKING?

WE BOUGHT OUR PROPERTY FROM MY HUSBANDS PARENTS ABOUT 8 YRS AGO.WE HAVE LET HIS AUNT & UNCLE USE OUR WELL FOR WATER ALSO OUR PROPERTY FOR PARKING.THEY HAVE NOT PAID ANYTHING TO US FOR THIS USAGE. THE SAY I CAN’T SELL MY HOUSE BECAUSE THEIR DEED SAYS THEY HAVE MY WATER RIGHTS & PARKING.MY DEED SAYS NOTHING OF THE SORT.WHERE DO I STAND LEGALLY???

Asked on June 30, 2009 under Real Estate Law, Michigan

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a contract for the purchase of this property what you will need to do is review the terms of this agreement. See if there is anything written giving them rights to the water and parking. Assuming there is nothing said about this as you indicated there isn't than legally they have been using the water and parking facilities with your permission but not because of a right. The only issue they would be able to pursue would be if they sold the property but retained those specific rights and that's extremely unlikely.

What you may want to do is call a local attorney, show them the paperwork for review than have the attorney draft a letter to your family. If they see an attorney is telling them they don't have a right to keep you from selling the proprty they may decide to et it go without causing you any additional stress. And always feel free to return here is you have additional questions. Good luck


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