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Well rights

Discussion in 'Easements & Right of Way Law' started by Tgtbolka3, Aug 1, 2017.

  1. Tgtbolka3

    Tgtbolka3 Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    I purchased an acre of land with a mobile home on it In 2014. The land at one time was 2 acres, to my understanding the person I bought it from her father purchased the land and gave her an acre and he kept the other one. The land shared a well and a septic tank, they are both located one the other acre right by the property line. But the fuse for the well is on my land therefore I supply the electric to it. No one has lived on the other acre for quite a while the mobile home that was on it burnt down it's been just a piece of land. Just recently the land was sold. The well pump went out a couple of weeks ago the knew owner will not work with me to get it fixed. I'm trying to find our if I have any rights to it so I can get it repaired. The utility co wants $1200 to set a meter and connection fee, getting a new pump for the well would only be around $400. This is why I would like to know if I have any rights to it.
     
  2. army judge

    army judge Super Moderator

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    Any rights you have, other than ownership is FEE SIMPLE should be recorded upon the face of the deed, or in the office that records deeds in your county.

    I suggest you visit the recorder's office today, and ask to review the deed as recorded in their office.

    A small fee might be charged to do this.

    All in all, the $1,200 deal with the utility might be your best bet, and the one without legal issues.

    Anyway,m after you've done your research, please circle back and let us know what you learned.

    Good luck
     
  3. Tgtbolka3

    Tgtbolka3 Law Topic Starter New Member

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    Thank you for replying, I went and talked to the man that sold my not so friendly neighbor the land. He said that the land has always been family owned that he was sure that there wasn't any clause in the deed. I am going to check the deed just to make sure. My neighbor is now threatening to cap the septic tank also but God is good I'm gonna let him lead the way.
    Thanks again
     
  4. zddoodah

    zddoodah Well-Known Member

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    We have no way of knowing the nature of your rights and obligations regarding the well and septic tank on the neighboring property. You'd have to research the property records regarding the existence of any easements, although you should have obtained all such documentation at the time you purchased your property. Frankly, your post makes me wonder whether the property you bought was properly subdivided in the first place. I would strongly suggest you have a local real property attorney review this and advise you.
     

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