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Neighbors well on our property

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sgpickle

Junior Member
What is the name of your state? Missouri

Recently purchased property that was said to have it's own fully operational well. The day after closing we found out that the well that is on our property was mistakenly drilled out of boundaries by past owners of the vacant lot next to us. Our water is actually supplied from a neighbors well, based on a verbal agreement that was made with a previous owner of our property. We did not have an inspection done on the home. Even if we did, this information would not have been revealed as everything is underground and would take a backhoe to figure out. The neighbor who made the verbal agreement to supply water to our property filled us in on this situation. If the property did not have it's own well we would not have purchased it. We were told on numerous occasions that it had it's very own well.

Question 1: Who is the legal owner of the well that was mistakenly put on our property years ago?

Question 2: Did the owner/real estate agent error in the representation of the property? If so, what are my options to resolve this matter?:mad:
 


HomeGuru

Senior Member
sgpickle said:
What is the name of your state? Missouri

Recently purchased property that was said to have it's own fully operational well. The day after closing we found out that the well that is on our property was mistakenly drilled out of boundaries by past owners of the vacant lot next to us. Our water is actually supplied from a neighbors well, based on a verbal agreement that was made with a previous owner of our property. We did not have an inspection done on the home. Even if we did, this information would not have been revealed as everything is underground and would take a backhoe to figure out. The neighbor who made the verbal agreement to supply water to our property filled us in on this situation. If the property did not have it's own well we would not have purchased it. We were told on numerous occasions that it had it's very own well.

Question 1: Who is the legal owner of the well that was mistakenly put on our property years ago?

**A; you are since the well is on your property. The neighbor could sue for a prescriptive easement though.
***********

Question 2: Did the owner/real estate agent error in the representation of the property? If so, what are my options to resolve this matter?:mad:
**A: Yes so hire an attorney and mediate, arbitrate or litigate.
 

sgpickle

Junior Member
Prescriptive easement??

What exactly is a prescriptive easement?

Should I contact an attorney that specializes in real estate?

Also, we have nothing in writing stating the property has it's own well. We were told this from the beginning and had several conversations regarding the function, location, and santization of the well. I specifically asked her if it had it's own well and if it was recorded that way on the deed. I should also mention the real estate agent who sold us the property is also the owner of the property. I do however; have 5 other witnesses who heard all of the discussions about the well. I am sure I could come up with more witnesses as the real estate agent/owner showed the house to more than just us. Do I still have a case now?
 

HomeGuru

Senior Member
Yes.
The owner/agent is bound by the Seller disclosure laws, the State real estate licensing laws AND the Realtor Code of Ethics.
So she is in hot water.
Well, what are you waiting for? Hire an attorney to go after her.
 

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