Legal Question in Real Estate Law in California

We purchased a home with a shared well. The property was a 10 acre plot subdivided into 4 acres with a home on each acre and a well on 1 of the plots. Then each home was sold. It was our understanding that the well was owned by all 4 plots, but the owner of the property that the well is on has a very different view and is making it difficult for the rest of the shared well group. What are our rights?


Asked on 5/02/15, 3:41 pm

1 Answer from Attorneys
Bryan Whipple Whipple Law Office

This question involves the issue of whether an easement exists. Even when no express written easement has been executed by the former owners, an implied easement or an easement by necessity might be found by a court. I can't tell you for sure without review of prior deeds and a full interview regarding the background, but the law tends to favor finding an easement was intended when the result of a lot split leaves some of the parties "high and dry".

Read more
Answered on 5/02/15, 7:29 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California