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I don't believe in any of this...dowsers, ghosts etc. However, the (legal) issue (I'm not an attorney, as I never tire of saying) MIGHT be whether the thing to be disclosed (the dowser's opinion, for instance) might, if commonly known, create a stigma. And that's an entirely different question - and one we skeptics should pay attention to, no?
What does the attorney on retainer with you state association of Realtors say, Keeperk?
Chaz lounge makes a great point. My thoughts, though, aren't so much if it might create a stigma (although I suppose that might be a possiblity), but more along the lines of: Is it a material fact which would affect the price a potential buyer would be willing to pay for the property? If it is a material fact and you're aware of it, then it probably needs to be disclosed, in which (witch) case you'll probably want to get an experts opinion on it about the potential availability of water.
The best way to solve this: the seller decides to have the well dug and raises his price to cover the new cost of the new well. I'm assuming parcels with wells sell for substantially more than parcels without wells? Do those parcels sell quicker?
Location: Moved to town. Miss 'my' woods and critters.
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Regarding land sales and wells. In our office we did have a parcel listed that did not have a well. After many showings but no offers, seller had a well drilled, raised the price and it sold!
As to water witches. This is humorous in many ways to me. My husband can find water this way. He is an earth moving contractor, backhoe, end loader, motor grader, etc. He has dug basements for new home construction, cleared land for roads, etc. He also has removed trees and old buildings from sites. In order to not disturb existing water, sewer, he has used the 'water witching' method.
Now this was strange to me the first time I saw him do this. And it works!!! I cannot do it. I have tried many times at our home just for fun. In order to locate a water line on one of the lots that was for sale at our lake development, he used this method and was successful in locating the line.
Weird? You bet. Wold I disclose this information? I think so. Esp. in a small community where news, good or bad gets spread around. Also, as far as legalities, I would consult with my state's real estate commission.
Regarding land sales and wells. In our office we did have a parcel listed that did not have a well. After many showings but no offers, seller had a well drilled, raised the price and it sold!
As to water witches. This is humorous in many ways to me. My husband can find water this way. He is an earth moving contractor, backhoe, end loader, motor grader, etc. He has dug basements for new home construction, cleared land for roads, etc. He also has removed trees and old buildings from sites. In order to not disturb existing water, sewer, he has used the 'water witching' method.
Now this was strange to me the first time I saw him do this. And it works!!! I cannot do it. I have tried many times at our home just for fun. In order to locate a water line on one of the lots that was for sale at our lake development, he used this method and was successful in locating the line.
Weird? You bet. Wold I disclose this information? I think so. Esp. in a small community where news, good or bad gets spread around. Also, as far as legalities, I would consult with my state's real estate commission.
I saw a segment on water witches on 60 Minutes (or some such) many yrs ago. Does your husband use the stick method like on the show? What a fascinating craft, I wish I could do that.
Location: Moved to town. Miss 'my' woods and critters.
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Missym: He takes two' L ' shaped pieces of wire and holds the small side in his hands with the long sides facing away from hm. Then he just walks around the area and if there is water the wires move away from each other pointing to the sides. Really weird I have tried this. I cannot do it. We do have a relative that also can do this. Have no idea.
Well this is good. Glad to know I'm not the only stumped on this.
A hydrology study could costs thousands of dollars, so no, people don't do those before a purchase out here. Developers now have to get them done before final approval by the county. They can still sell if no water, but disclose the states opinion, negative, positive, or no opinion.
I don't know of any licensed witchers.
Yes I agree it could create, or has created stigma on the lot.
Probably should highly discourage this with sellers in the future.
Would be a mess in court and could not imagine a judge favoring that, but in a small population county, word spreads like wildfire.
We have a good reputation, would like to keep it that way.
There are other well drillers, this one is the closest so most people call him. He won't drill w/o his wife witching it first. Then there are witchers for hire including her. We can't pick the witcher, just give them numbers.
We do have a diff. witcher coming out soon on another lot. We are going to pay him some extra $$ to go back to the newly tainted lot for his opinion while he's out there.
Can't ask the atty with the Realtors association this question. They only answer questions of a specific nature that has to do with real estate law/contracts. They have a list of questions you can ask. Witchers are not on their list. They've never been able to give me an answer on anything yet anyway. Law or not.
As for the owners drilling a well and raising the price. My experience has most always been selling land w/o a well. I've had very little experience selling a lot with a well so it is hard for me to judge that. But I have found having a well, raising the price, less interest, harder to sell. Plus the case is normally the seller would not have the money to drill a well.
Lately the few lots we've picked up with a well to sell raises new issues too.
Well inspection, water tests, pump inspections, and it gets messy who's agrees to pay for it. No wells are much easier to sell. We're selling land people will build on later. Remote in the country. Not like in or near town where they have immediate plans to build and move with family. Normally our properties are buy it now, figure the details out later when retirement comes.
I had a ghost in my house in MD, and my mother can witch for water. I'm still a skeptic on the subject. I'm a see it to believe it kind of person.
KevinM,
Yes we also have UFO's on another subdivision where we're selling. One of my customers has confirmed this with her spirit guide. Not only do we have them, the subdivision where she bought land has the highest traffic area. It's the center of the universe for all aliens to visit.
I don't talk to her about it, as she was a bit miffed at me when I said, na ah!
I've chose not to disclose the UFO's except on rare occassions.
I'd hate to be wrong and no aliens show up for the new buyers!
Following the thinking that you have to disclose what a witcher says wouldn't you also have to disclose if a psychic came and said something negative about the property? Witching, while it may or may not work is not accepted science by any means and I personally wouldn't allow one on a property if it could "sour" future deals.
In my view, it's not the same at all. It's an accepted practice in their area. They already had one done. They were told about the results. And the broker/salesperson is giving out names of witchers to use. So. Since access to water greatly effects the value of the property and he knows of results from a person that he himself recommends he has to reveal it. Just my opinion.
We only give out witchers numbers by request. They are not on our regular contact list, and I'm not so sure it's really a customary practice. The problem is if people want to know about water, we tell them to call the well drillers. The well drillers wife wants to witch. That's how it came up the first time. I was stunned. My customer called me back and laid that on me.
The material fact posed by Gretchen B makes sense, but so does Palmcoastings accepted practice.
Back in the 70's we were taught how to water witch at Girl Scout camp in northeast Tennessee. I remember my grandfather's special water witching willow switch in the (dirt, dug-out) basement of his farmhouse in southwestern Virginia. Back when I was little if you couldn't water witch on your farm you were in a sore spot.
Very interesting thread.
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) case you'll probably want to get an experts opinion on it about the potential availability of water. 
He is an earth moving contractor, backhoe, end loader, motor grader, etc. He has dug basements for new home construction, cleared land for roads, etc. He also has removed trees and old buildings from sites. In order to not disturb existing water, sewer, he has used the 'water witching' method. 
Wold I disclose this information? I think so. Esp. in a small community where news, good or bad gets spread around. Also, as far as legalities, I would consult with my state's real estate commission.
