Can an Easement Agreement if worded so the Dominant Tenant is responsible for taxes in the Easement area be enforceable?

[Robin59]

What is the name of your state? Florida

The Dominant Tenant had a well put in the access area he is afforded by the state of Florida for ingress and egress only and against my verbally telling the Well Company and the Well Permitting Office, that the well was was happening on the wrong property, even before the permit was issued. I have had the area around the Dominant Tenant's property re-surveyed and have the proof that the well is on my property.

I know I could go to court and ask the court to order it filled but, this family needs the well and cannot afford to have another one dug. I would like to allow it to stay where it is, but I do not feel I should have to suffer the tax increase that will be a result of doing so.

 

[PayrollHRGuy]

Then you sue him and at some point offer to settle with him paying you.

 

[Robin59]

My mortgage company will not authorize me to sell him the 10.5 12 ft where the well so there really is no way to settle this by suing at this point, other that ask the judge to order the well filled. My question was if a Legal Easement were to be offered and accepted by the Dominant Tenant with his being responsible for the taxes could that hold up in court if I needed to sue him for not paying the taxes?