If my well and the equipment that pumps the water is located on a different parcel that I don’t own and someone buys that parcel, will I lose my well?

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If my well and the equipment that pumps the water is located on a different parcel that I don’t own and someone buys that parcel, will I lose my well?

Asked on July 15, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is a reasonable chance that you will lose the right to pump water if the new owner wants to deny this to you, and will lose anything not removable (they'd have to let you recover removable equipment): unless you have an easement to pump water, the new owner will not be obligated to let you continue to pump from his or her land, even if the old owner did. (You, of course, ask them to able to do this, and if necessary, offer to pay them for the right--if you do, get their agreement in writing and make sure you pay the rent or license fee or whatever it is called on time.) You could try to get a court to grant you an easement to pump water, but if you could get your water from any other source, including by sinking a new well on your own land (even if that if very expensive to do), the court is unlikely to do this, since they will not infringe on the other owner's rights if you have *any* options.


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