i have owned my home for 5 yrs and my well was drilled on the land?

Question

next door and the owner never has said a word about it and i have tryed for yrs to sign something saying we have rights to it well i have my house for sale and today she said she wants 2ooo.oo dollars for 22 feet to where the well is . my question is after so long can she make me pay this

Answer 1

She has your neck in a noose. $2,000 is cheap for well water, but be sure to get it in writing...legally. You would then also be responsible for repairs, etc. It can cost over $10,000 to drill a water well, depending on the depth. However, it costs a fraction of that to run pipe for 22 feet. See if you can negotiate for a lesser amount, or sell your property as is so the new owner can drill their own well. Your other option, purchase a large watertank and have it placed on your property. You'll need a pump to get the water to your house. Run a line to it and have it filled by a local company each time.

Answer 2

it depends on how long the well was in place on her property,
If it has been there longer then 10 years then you would have to take it to a court to make the decision- but if it were there longer then 10 years then you would most likely be allowed a utility easement under squaters rights. depending on the judges decision you most likely wouldnt be required to pay anything.
assuming there was no previous easement in place for you to be able to use that land that she owns, and the well has been there less then 10 years - and put in while you owned the home- then yes she does have the right to tell you that, if it was put there in under 10 years but not by you- then she still has the right to argue it and try to make you pay for a easement to it- but you could bring a suit against the previous owner whom placed the well there.
If you put the well there while living there then what it comes down to is that you shouldn't have with out having something in writing allowing you permission to, so she can try to charge you whatever she wants- 2 grand or even more! depending on where you live - that might be a reasonable amount, you should definately consult with a attorney that speializes in real estate because they can give you a idea of if this is a reasonable amount and if theres anyway to fight it in court. also if you are forced to come up with a agreement for a easement on her land for your well- this will need to be properly recorded on the title and with the city. but keep in mind you will have to pay the attorney also.

Answer 3

Check the laws of your state regarding adverse possession. Adverse possession is basically where someone uses another persons land for a certain period of time openly and hostilely (without permission) they can file for title of that land.

If you have met the required number of years then the fact that the other owner never gave you permission works in your favor. You can file in court to have that portion of the land titled to your name.

If not then I would say draw up a transferable contract allowing the well to be there for 99 years with the exclusive use for XX address.

Good luck!

Answer 4

Yep. Oh you could probably get a lawyer and sue for prescriptive easment but who knows how long that would take. No one will buy your house with that hanging over it.

In this case, she has waited for just the right time to get the best price. If you want to sell your house, you'll get a lawyer to draw up the paperwork and pay her.

Answer 5

I'm no expert but I think you were silly for putting your well down on someone else property. Why would you do that.
I think your going to have to pay.