I just bought my first home. In my title documents, under the subsection entitled "Matters" - is a well water sharing and repair agreement. This agreement was made by a family who used to own my land many decades ago before my house was built. I am not named on this agreement. The agreement is recorded at my County Recorders office under the former owners' name and attached to my title.
The agreement indicates that my property shares my private well water with a railroad right-of-way leasee's house. Note: The well and equipment are on my land. I pay the pump electricity and maintain the functions of the well.
Can I ask the railroad right-of-way leasee to find another source of water for their home? Thank You
3 Answers from Attorneys
The recorded document is recorded because it is binding on all future owners of the land; that means you. Without reviewing the document there is no way even to begin to advise you regarding what your rights and options are.
I don't have it in front of me, but if it is recorded it most likely binds you as well. The legal term for this is "running with the land." That's because you took the property subject to the recorded well agreement. Your title company should have sent you a preliminary title policy that reflected this recorded well agreement.
If this matter progresses to litigation (and let's hope it doesn't), the question is likely to arise as to whether the agreement creates (1) an easement, or (2) a 'profit a prendre.' The latter is a "legal French" term for the right to take something from another's land. In any event, I'd agree with the other attorneys that you are, with 80 to 90% certainty, stuck with the agreement.