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krista9090
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We are from COLORADO:
Mr. and Mrs. Johnson are seeking a legal decision on all the facts that are presented concerning the water well. This well is owned by and on NKC Railroad (Rail net) property. It supplies water to Ms. Bemus, Mr. and Mrs. Johnson, and two hydrants (one disassembled and one working) at the Elevator; which is leased from the railroad, that Grainland Cooperative uses.
The information that has been given to us by Ms. Bemus is that she wanted to buy the house in Dailey lot 10 and 11 from Dailey Cooperative Company. They did not want to sell to her so she talked with a friend Mr. Frank. Now he bought the house on April 13, 1987. In the agreement of the sale of property it is stated: ( Both parties hereto agree that the Dailey Cooperative Company shall maintain the well so long as they own the property, and in the event the remaining property is sold, Lewis Frank shall have a lifetime access to the well.)
On April 28, 1987 (15 days later), Mr. Frank sold the same lots in Dailey (10 and 11) to Ms. Bemus. In the agreement between Mr. Frank and Ms. Bemus he had it worded as such: (Also, the Dailey Cooperative Co. grants the buyer access to the water well and will provide maintenance as needed. This is for the period of time the Dailey Cooperative Co. owns the remaining property in said town and at which time they sell, the new owner will continue the previously mentioned services.)
We have talked with Ms. Bemus and it is our understanding that she feels that we; the Johnson’s, are 100% liable for the well if it should ever need maintenance.
In 1988 Dailey Cooperative Co. merged with Grainland Cooperative. On July 19, 1999 Grainland Cooperative sold lots 21 and 22 on block 2 and lot 23 of block 3 in Dailey to Mr. and Mrs. Roberts. In this agreement concerning the well, Mr. Unrein had it stated under additional provisions letter D: ( ½ interest in the well will go to Ms. Bemus and ½ interest to Mr. and Mrs. Roberts. Repairs and maintenance of well will be paid 50% by Ms. Bemus and 50% by Mr. and Mrs. Roberts.)
On September 11, 2000, Mr. and Mrs. Roberts sold lots 21 and 22 in Dailey to Mr. and Mrs. Johnson. In this agreement it was stated as such: ( ½ interest in the well will go to Ms. Bemus and ½ interest to Mr. and Mrs. Johnson. Repairs and maintenance of well will be paid 50% by Ms. Bemus and 50% by Mr. and Mrs. Johnson.)
What the Johnson’s would like to do is drill a water well on their own property (lots 21 and 22) in Dailey. In doing so they would cap off their access line of water to the well on railroad land. Afterwards they want to know if they should draw up papers for a quit claims to give to Mrs. Bemus. Their hesitation is with not wanting to be financially responsible for both water wells. They are seeking advice on what to do. Thank you for your time!
Mr. and Mrs. Johnson are seeking a legal decision on all the facts that are presented concerning the water well. This well is owned by and on NKC Railroad (Rail net) property. It supplies water to Ms. Bemus, Mr. and Mrs. Johnson, and two hydrants (one disassembled and one working) at the Elevator; which is leased from the railroad, that Grainland Cooperative uses.
The information that has been given to us by Ms. Bemus is that she wanted to buy the house in Dailey lot 10 and 11 from Dailey Cooperative Company. They did not want to sell to her so she talked with a friend Mr. Frank. Now he bought the house on April 13, 1987. In the agreement of the sale of property it is stated: ( Both parties hereto agree that the Dailey Cooperative Company shall maintain the well so long as they own the property, and in the event the remaining property is sold, Lewis Frank shall have a lifetime access to the well.)
On April 28, 1987 (15 days later), Mr. Frank sold the same lots in Dailey (10 and 11) to Ms. Bemus. In the agreement between Mr. Frank and Ms. Bemus he had it worded as such: (Also, the Dailey Cooperative Co. grants the buyer access to the water well and will provide maintenance as needed. This is for the period of time the Dailey Cooperative Co. owns the remaining property in said town and at which time they sell, the new owner will continue the previously mentioned services.)
We have talked with Ms. Bemus and it is our understanding that she feels that we; the Johnson’s, are 100% liable for the well if it should ever need maintenance.
In 1988 Dailey Cooperative Co. merged with Grainland Cooperative. On July 19, 1999 Grainland Cooperative sold lots 21 and 22 on block 2 and lot 23 of block 3 in Dailey to Mr. and Mrs. Roberts. In this agreement concerning the well, Mr. Unrein had it stated under additional provisions letter D: ( ½ interest in the well will go to Ms. Bemus and ½ interest to Mr. and Mrs. Roberts. Repairs and maintenance of well will be paid 50% by Ms. Bemus and 50% by Mr. and Mrs. Roberts.)
On September 11, 2000, Mr. and Mrs. Roberts sold lots 21 and 22 in Dailey to Mr. and Mrs. Johnson. In this agreement it was stated as such: ( ½ interest in the well will go to Ms. Bemus and ½ interest to Mr. and Mrs. Johnson. Repairs and maintenance of well will be paid 50% by Ms. Bemus and 50% by Mr. and Mrs. Johnson.)
What the Johnson’s would like to do is drill a water well on their own property (lots 21 and 22) in Dailey. In doing so they would cap off their access line of water to the well on railroad land. Afterwards they want to know if they should draw up papers for a quit claims to give to Mrs. Bemus. Their hesitation is with not wanting to be financially responsible for both water wells. They are seeking advice on what to do. Thank you for your time!
