No Public or Well water? **UPDATE** Legal right to use well? Post 1!

[saddina]

Yes that easement means you should have access to the well, we had a similar set up in the cottage we lived in. 1 well for 3 houses.

 

[Sonoran Silkies]

Quote:
I'm not sure this is the case. The language speaks very generally; you need to know that the property has a legally defined easement to use of that well. When the owners purchased the two parcels and put the well on one and the house on the other, did they do anything in to merge the two parcels into one? Or to deliberately create an easement tol the well for the parcel with the house?

When the bank took the properties back, did they have to do anything to subdivide the parcels? You can make a claim for there being an easement, and since the bank does want to sell the property, and creating or acknowledging an easement would not cost them money, but might lose sales, that might be one thing they would accept as a condition of sale. The only real concerns would be whether the well has sufficient water for two separate homes (one for each property), and whether the pump is sufficient for both. You would definitely wasnt an attorney who specializes in real estate to draw up the documents creating the easement so that all bases, including costs for repair and maintenance are covered.

 

[SarahFair]

The other property Im guessing was sold. All that is on it is a horse barn and horses.
It will cost me $150 just to sit down with a lawyer.. Im not ready to take that step yet.


Lets see.. The documents I copied yesterday are:
•The one I mentioned earlier dated March 30, 1993
•Quitclaim Deed dated October 28, 1993 (The purpose of this quitclaim deed is to transfer this property into the grantor's living trust) for $10
Includes both lots in it
•Special Warrenty Deed Daded Ocotober 18, 1999 (Im guessing her husband died by this time as she is listed as a single woman and her husbands name is no longer on it)
•Deed Under Power dated September 7, 2010
•Special Warranty Deed September 7, 2010 (saying wells fargo sold to federal home loan)
(I did not get a full print out of this page. Im guessing this is what I REALLY need to look at..)

 

[Sonoran Silkies]

What you are looking for is the legal description of the property. It should list the property's location on a specified plat map, and give a statement about any applicable easements or additional rights.

 

[KenK]

So if you are legally entitled to use the well; who is responsible for keeping up the pump? I'm not sure you can require the people who own the property to supply you with water. Do you want to supply them with water by maintaining the well?

My parents built a house in 1970 and connected to my grandparents well. After about ten years my dad said this deal ain't working and had a new well put in at our house. Jump to the present and me and my wife are living in my grandparents house and I'm sure glad the folks who now own my parents house don't have any say on our well.

Confused?
If you want to buy this property, put in your own well or other water supply. My two cents.

Our pump gave out a 3-4 years ago. We discussed connecting to the county water because the biggest problem with a well is that when your power goes out, so does the water. The cost of hooking up to the county water combined with what our monthly bill would be convinced me to spend the $3,000 to get a new pump put in.

 

[BarkerChickens]

Water rights don't necessarily mean that you have rights to that well. Water rights mean that you have the rights to GW, stream water, etc on your site. However, with that well being built for both parcels (which is common), you probably do have rights. The water agency (not necessarily the same as the local water department...one is for selling water (the dept), the other is for water resource management) should have on record, so you can be absolutely sure.

 

[SarahFair]

Quote:
Well it covered stream water before it says water and power..

waters, and water courses, water rights and power

I figured the bolded area ment lakes, streams, rivers, etc
and the latter ment water rights as in what ever gave water to the house.

Just in case Id like to look them up but Im a little confused where to look.
I guess I go the court house and go to the water resource or look where easments are?
Dragging a 3 year old along I dont have a large time frame..

As far as fixing the pump..
I reckon wed split the cost down the middle. And Id like to just have and easement to get a mortgage on the house. We have plans to dig our own well.​

 

[Mattemma]

A lawyer question I have regarding the well is if you will be legally responsible for half of any costs even if you dig your own well,and no longer use the one on the other property. Hopefully not but you may be required to pay unless you terminate the rights to using the well later on.I would terminate once the new one was up and running (and all bugs worked out).

 

[BarkerChickens]

Quote:
Well it covered stream water before it says water and power..

waters, and water courses, water rights and power

I figured the bolded area ment lakes, streams, rivers, etc
and the latter ment water rights as in what ever gave water to the house.

Just in case Id like to look them up but Im a little confused where to look.
I guess I go the court house and go to the water resource or look where easments are?
Dragging a 3 year old along I dont have a large time frame..

As far as fixing the pump..
I reckon wed split the cost down the middle. And Id like to just have and easement to get a mortgage on the house. We have plans to dig our own well.​

You can call up your local water company and ask them who is in charge of maintaining well records for private use (oppose to who keeps the well records for installation such as logs, etc). They should know who to contact to get you a copy of the record.