Neighbor's well on land we want to purchase!

[Dolphin13]

What is the name of your state? Massachusetts
We want to purchase a parcel of land to build on except we found out that the neighbor's shallow well is on this property. It was not discovered until 1998 when the neighbor's had the property surveyed that there was a mistake where the well was put. The owners on the property we want to purchase are aware the well is on the property but never did anything when they found out about it. They are telling us they only have to disclose that the well is on the property in the purchase and sales agreement and that is all they have to do. Can we purchase this property with clear title since there is an encroachment of the well? Who has to clear this matter up so we can purchase the property with no issues regarding the well? We are not willing to give a right of way as we feel it could cause problems in the future.

 

[BelizeBreeze]

If you're not willing to grant a right of way or prescriptive easement, then walk away.

You could probably sue the sellers for non-disclosure since the well belonging to a third party is material fact, but all you would receive is your monies back and out of the contract.

If the seller's are willing to let you out with a return of all monies, then find another property.

 

[JETX]

You could probably sue the sellers for non-disclosure since the well belonging to a third party is material fact, but all you would receive is your monies back and out of the contract.

Where did you get that??
The writer is clearly aware of the well's existence, so any suggestion of failure to disclose is worthless.

If the seller's are willing to let you out with a return of all monies, then find another property.

What?? There is NOTHING in this thread to even suggest that there is a contract to purchase at this time...

So, the CORRECT answers to the post:

Can we purchase this property with clear title since there is an encroachment of the well?

No. Based on the post, there IS an encroachment and you know of it. Unless you remove or resolve the encroachment it will remain.

Who has to clear this matter up so we can purchase the property with no issues regarding the well?

The ONLY person who can 'clear this matter up' is the seller.... if he wants to.
It appears that he doesn't.

We are not willing to give a right of way as we feel it could cause problems in the future.

Than I suggest you either grant a waiver or move on to another property. There is nothing in your post to suggest the seller (or 'encroacher') is required to remedy YOUR problem (it certainly isn't theirs).