We sold a piece of our property,but it had our well on it. So it was put in the contract that the buyer would pay to have a new well drilled on our remaining property up to the first 5000.00. But the buyer got the property foreclosed on before that happened. It went up for auction from there and was purchased. Now our only water supply is on someone else's property. My question is do we still have a right to the well? And who is liable for the cost of drilling the new well? Please help us, we are sooo confused.

You should have sold the property for enough money to pay for the well and had one done. When you sold the property, what did you do with the money you got??

At this point it appears the other party has nothing ( why did you not buy the property back? )

But basically was the use of the well, recorded with the deed as a easment to the property ?

What we did with the money has nothing to do with it. We needed money and spent the money. All this happened over a period of about a year and a half. All I'm trying to find out is who is legally responsible to the terms of the contract? I will have to check the part about the deed. Will get back on that.