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.
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.