What to do about a shared well and a property sale?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about a shared well and a property sale?

We bought my parents house and now need to sell it. Our real estate agent said it won’t sell with a shared well. My parents gave my brother land behind the house and let him share the well. He doesn’t live at the property and we told him we’d give him 30 days before we shut the water off from our house to his trailer. He says that he has a water right case against us and is taking us to court. The well is on our property, he’s never paid a dime for the pump upkeep. Does he have a case? The shared well is in the deed to the house but we have no signed shared well agreement with him.

Asked on April 12, 2012 under Real Estate Law, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he has rights under his deed then you can not do anything that could violate those rights.  Much like if there were an easement in the deed you could not put a fence around it to deny entry by the person who has the easement.  It may be best for you seek help from an attorney to negotiate a deal here. I would make an argument in equity: that thre is assumed an obligation to maintain the weel and that he owes money to you for the maintentance all these years.  Maybe if it is possible then you can use that as leverage to have him sign over the right and dig his own well.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption