seller did not disclose that the well was drilled on adjacent property

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seller did not disclose that the well was drilled on adjacent property

The seller owned both properties one had a house on the lot and the other was
land. We bought the lot with the house less then a year ago. Someone purchased
the lot next to us and while clearing the land found that our well is dug on
their property. What can we do. Should seller have disclosed that and is there
any recourse. If we have to dig a new well it can be up to 10,000. There is no
agreement to use the well because previous owner owned both lots and nothing was
in home inspection report about well.

Asked on September 25, 2018 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A failure to disclose a material, or important, fact about the property known to the seller is fraud; fraud can provide a basis to sue for monetary compensation, such as the cost to drill a new well. However, the statute of limitations, or time within which you must sue, for fraud in FL is four years; after four years have passed when you closed, it would be too late to sue. If it is not too late, then you still have the option of suing for fraud, though may wish to see if you can't voluntarily negotiate or settle with him before going to the trouble and expense of a lawsuit.


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