Adverse Possession regarding well

[OKbound]

What is the name of your state (only U.S. law)? Oklahoma

6 years ago we purchased a house and ten acres, (We bought from the owner of a forty acre square, who was in foreclosure but has continued to be the tenet until we move in during Nov.) the house has been attached to the well that sits on the other 30 acres, the driveway for the house passes by the well and onto our land for access to the house. Also on the 30 acres sits a mobile home that has been connected to city water with a meter for the past 16 years (where the tenet will be moving to in Nov.).

Do we have adverse possession of the well and driveway access, so that we can continue to have water for the house, and access to the land and house so we can still use the same address?

What is the name of your state (only U.S. law)? NE Oklahoma

 

[justalayman]

not real clear on the description of the property and all.


when you purchased this, was it split from the 40 acre at the time of your purchase for the sake of this sale?

Do we have adverse possession of the well and driveway access,

no. Is there any other access to a public roadway? was there any agreement concerning the well upon your purchase? Is there anything in your deed concerning either the drive or the well?

 

[OKbound]

More OK Info

Yes, the ten acres were split from the 40 at the time of the sale. The acreage is square, so the ten we bought is the NW square 10 acres which is fenced pasture and adjacent to a road running east/west. The drive access is to a road running North/South. Which makes our address a South address. The 30 acres comprise of a NE square, a SE Square and a SW square of 10 acre portions. Verbally there was agreement that we will be executor of the land trust when the tenet on ten and landowner of the 30 passes on. Until then.... I don't think there was anything in writing on the well or the drive.

 

[justalayman]

If you have access to a public road, I see no reason you should require use of any existing drive. Barring the inclusion of such in the deed, I see no claim to the existing drive.


you could likely make a claim to an implied easement concerning the well but the discussions prior to the sale may change that.

but, there is no adverse possession claim or prescriptive easement as due to the recent splint, there has not been enough time passed to allow one.

what happened to the foreclosure? You generally cannot simply split off property from a mortgage property without the lenders approval and subsequent release of the mortgage on the split off section.