Are water well rights part of "transfer of interests"?

[sw22]

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

 

[LdiJ]

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

Try reposting without previewing...that function is broken here.

 

[sw22]

Try reposting without previewing...that function is broken here.

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

Hi, I have owned my house since 1994, but have rented it from 1985-1994. On my deed it states that I have 1/2 interest in
the water well which is on my neigbor's property. Now my neighbors are contesting it. There had been multiple owners of the
neighbor's property over the years, and each deed contained wording that the parties would share 1/2 interest in the well
with the owner of my lot. It was always stated in the deed of the various previous owner's of my neighbor's property. My
landlord died in 1994 and the property went into the estate. The property then went to his niece and I bought it from his
niece. When the property was distributed to the niece it did not specifically address the water well rights in the Deed of
Distribution, but states the standard "Grantor does hereby grant convey, transfer and distribute all of the right, title
and interest of said decendent and said Estate to Grantee in the following proportion:

"All of the Estate's interest in the described real estate to (niece's name)."

So my question is: Is my "1/2 interest" included in the phrase "all of the right, title and interest of said
decendent"? In real estate law, would my water well rights meant to be part of any "interest" that was conveyed or
transferred? Thank you

 

[FarmerJ]

If there was a so called valid easement or shared legal interest in that well that was recorded I would imagine it should be recorded to title of the land the well is on, so perhaps you might have a title search firm or Attorney search for you unless you already have proof of a properly recorded easement/ interest in that well.

 

[sw22]

If there was a so called valid easement or shared legal interest in that well that was recorded I would imagine it should be recorded to title of the land the well is on, so perhaps you might have a title search firm or Attorney search for you unless you already have proof of a properly recorded easement/ interest in that well.

Yes, I believe there was a legal shared interest. But their argument was that it wasn't spelled out in the Distribution of Deed by the estate to the niece. When I bought the property from the niece it is specified on my deed that I have 1/2 of the well interest. Their argument is that it wasn't legally transferred from the estate to the niece.

So my question is: Is my "1/2 interest" included in the phrase "all of the right, title and interest of said
decendent"? In real estate law, would my water well rights meant to be part of any "interest" that was conveyed or
transferred? Thank you

 

[Mass_Shyster]

Their argument is that it wasn't legally transferred from the estate to the niece.

So my question is: Is my "1/2 interest" included in the phrase "all of the right, title and interest of said
decendent"? In real estate law, would my water well rights meant to be part of any "interest" that was conveyed or
transferred? Thank you

Their argument is not sound.

 

[FarmerJ]

If the legal interest/ easement your property has in the property the well is on was properly recorded to that properties title what is there for them to argue with you over? (nothing I can see) but as I said if you verify that it was properly recorded and verify the language of the agreement so you know for sure it did not expire with the sale of the property at the time you were sold the property and verification can include use of a atty use of title search firm.

 

[sw22]

If the legal interest/ easement your property has in the property the well is on was properly recorded to that properties title what is there for them to argue with you over? (nothing I can see) but as I said if you verify that it was properly recorded and verify the language of the agreement so you know for sure it did not expire with the sale of the property at the time you were sold the property and verification can include use of a atty use of title search firm.

I cannot find where the written agreement was ever recorded. And I don’t know where the actual document of that written agreement is. But there have been multiple owners over the last 35 years of the property with the well on it, and on each deed it has a paragraph on it stating that there is a written agreement between the two initial parties stating their names and the date it was executed and that both parties shared a half interest in the well. Again, their attorney stated that when the niece received the property from the estate, that she did not receive any water well rights, and therefore did not have the ability to convey water well rights to me. This agreement was made 35 years ago and the well has been continuously shared all of those years with different parties. Can they now deny me? Their attorney calls it an “alleged agreement” because he could not find any “agreement of record”.