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    skipper42's Avatar
    skipper42 Posts: 2, Reputation: 1
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    #1

    Jun 24, 2013, 10:35 PM
    Property Lien Forms Downloads
    Losing water rights?

    I have a cottage next to mine and we share a well and pump. This has worked for over 30 years. The well and Pump are on their property but the costs and upkeep were shared. They have not kept up payments on their land and the bank will soon take the keys. Do I have any rights to the well and or the pump, with out which I have no water.
    Thank you.

    skipper42
    skipper42's Avatar
    skipper42 Posts: 2, Reputation: 1
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    #2

    Jun 24, 2013, 10:46 PM
    Am I out of water?
    Losing water rights?

    I have a cottage next to mine and we share a well and pump. This has worked for over 30 years. The well and Pump are on their property but the costs and upkeep were shared. They have not kept up payments on their land and the bank will soon take the keys. Do I have any rights to the well and or the pump, with out which I have no water.
    Thank you.

    skipper42
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 25, 2013, 03:31 AM
    Is there an easement written into your deed? Is there anything in writing that enforces the arrangement?

    If so, what you want is not a lien (though it could wind up that way). But you want to make sure your rights to the well are recorded as part of the deed. Then you can sue the property owner for their share.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Jun 25, 2013, 04:47 AM
    Is thre anything written into the deed?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #5

    Jun 25, 2013, 04:54 AM
    You need to tell us where you live too.

    If no easement is on file with the town, you may be perceived as being a renter of the well only. If I were you, I would figure out a way to buy the property and quickly sell it, with an easement written in to the new deed.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jun 25, 2013, 04:55 AM
    If you have nothing in writing, you need to get something. Absent that, you should file sut against the current owner, and file a lis pendens.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #7

    Jun 28, 2013, 08:26 AM
    The most important question isn't whether there is something written into YOUR deed. It must be written into the neighbor's deed. Having it in your deed alone would be ineffective against the neighbor.

    The best thing would be if there is a separate written easement or agreement that is recorded against BOTH properties. Contact a title agency to have them run a search for an easement on the neighbor's property. It shouldn't be expensive.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jun 28, 2013, 04:42 PM
    Quote Originally Posted by LisaB4657 View Post
    The most important question isn't whether there is something written into YOUR deed. It must be written into the neighbor's deed. Having it in your deed alone would be ineffective against the neighbor.

    ...
    Unless OP's deed, containing such an easement, is from a common (common to both OP an the neighbor) grantor, and was recorded before the neighbor's deed.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #9

    Jun 28, 2013, 05:50 PM
    Quote Originally Posted by AK lawyer View Post
    Unless OP's deed, containing such an easement, is from a common (common to both OP an the neighbor) grantor, and was recorded before the neighbor's deed.
    Unless that deed is more than 50 years old, in which case the OP will have to look to their title insurance company to get water.
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