Legal Question in Real Estate Law in Arizona
Property Rights
My daughter and son in law bought a home 3 years ago that has a well. Now the country wants to put through a water line and is saying that the fence and the well are not on their property. The fence and the well have been in the same place for 30+ years. What rights do they have?
2 Answers from Attorneys
Re: Property Rights
Your daughter will have to get a survey of the property which will determine exactly where the property lines are and if the well is on their property. She should also notify the title insurance company that a claim is pending. It is clear to me that she will need to retain legal counsel to get the issues with the county and the ownership of the well resolved, either informally (without a law suit) or formally.
Re: Property Rights
I agree that you should have a survey done. If the survey shows that the well is not on your property, you might be able to claim it by adverse possession. You should consult with an attorney.
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