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water well on other persons property

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uzimac

Junior Member
What is the name of your state?What is the name of your state? West Virginia
I live in the house my parents bought 47 years ago. At one time, we owned parcels of land separated by a right-of-way road. On the lower parcel, we had a well drilled approx. 41 years ago. About 30 years ago, the lower parcel was sold to my sister and her husband. They never used the well. It supplies water to my house only. We never had an easement put into the deed concerning the well. Around 5 years ago, the house was sold. then sold again. Then sold again. Every time it was sold, the owner said they would put into the deed about the well being for my house. none of them followed through on the promise. The people that own it now were told nothing about the situation. The other day, I came home to find I had no water. I then saw that the neighbors had a garden hose hooked up to a faucet on the top of my wellhead watering their lawn. I went down and explained to them the situation, and asked them if they would be willing to put a right-of-way to my well in their deed if I paid all the legal fees. He said he would think about it. I offered the next day to buy a 1 foot wide tract down to my well, same response. What rights, if any, do I have to the well? Do I need to get a lawyer involved?
 



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