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we have a trailer right next to our property that we are selling owner finance, they already own the trailer ,but are paying on the land and they are renting it out to other people. They are using our well. There was no special stipulations on the contract about the use of the well. When we had to replace the pump last year they didn't offer to pay a dime on it. Can we legally remove their house from our well?
we have a trailer right next to our property that we are selling owner finance, they already own the trailer ,but are paying on the land and they are renting it out to other people. They are using our well. There was no special stipulations on the contract about the use of the well. When we had to replace the pump last year they didn't offer to pay a dime on it. Can we legally remove their house from our well?
Well it depends on what you represented to them when they bought the land.
You need to talk to an attorney and have them look over your contract.
They could have deeded use to the well, it may originally have all been one property. If you have access to past deeds and other agreements you may want to look though and see if there is any mention.
It could also be something that was done by a handshake years past and dependent upon how long it has been going on will determine how hard it will be to legally cut off their supply.
The original owner that put the mobile homes and had the well dug here ;sold us a singlewide owner finance with the well being on our property(2 acres). After a few years we put a doublewide behind our singlewide and rented out the sw for 5 years. Last year we sold the dw lease purchase but after a year they gave it back along with the well. They bought the sw and 1 acre separate. It is very confusing trying to explain it. So when they gave back the dw we actually are getting ripped off. Because all the money owed on the sw and 1 acre was added to the dw loan which we now have to pay.
Last edited by gagirl-2009; 04-25-2010 at 02:04 PM..
So many want to jump out and call an attorney, if he is paying $10 a month that is $240 over 2 years, how much is an attorney going to cost? It is generally pretty easy to read a deed or lease agreement.
RRRobert, what does your lease say about the well? Did you check the deed? How long have you or the property you are on been using the well? How much are they currently charging you? They may not be able to charge you anything or they may be able to charge you $500 a month.
I say that the OP should do nothing about the situation until speaking with an attorney. I wouldn't even suggest talking to the neighbor until then. Too many potential issues without legal advice.
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