Legal Question in Real Estate Law in California

I am in the process of closing on land I am purchasing. There are two wells on the land. One was supposed to belong to the adjoining property, also being sold, but they were drilled before property lines were drawn and they both ended up on our property. I presume there needs to be an easement? What should I expect in return for granting that if anything? Are there specific terms I should include, for example, an easement in perpetuity or more a lease thing? Remuneration?

Asked on 11/07/14, 12:01 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If the same owner owned both parcels and the well was drilled at that time, then there is a doctrine called "easement by implication" which means that it is implied that there is an easement for that purpose at the time of selling the lots.

I suggest that you consult with a competent real estate attorney in your area, and review things like a title report and the chain of title before running off half cocked and making demands. Otherwise, what you will receive is an expensive lawsuit against you.

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Answered on 11/07/14, 1:33 pm

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