Legal Question in Real Estate Law in New York

Shared well

Bought property with home and the owner had a vacant lot which the well was located on. He included a shared well agreement, even though he did not have anything on the property. All electrical and lines to my home were already in working order. A few years later he built on the lot and hooked up to the well.

Now he is selling the property and I do not want to share the well with whoever buys the property, since I have had problems with my water pressure since he hooked his up.

Do I have to honor the agreement, and how can he sell me a house without a well? And then..how can I sell my house without a well?

Thank you.


Asked on 3/18/09, 6:23 pm

1 Answer from Attorneys

Bunji Fromartz Fromartz Law Offices

Re: Shared well

Unfortunately these water rights agreements often end up in court.

Yes you have to keep to the agreement. If he caused the well to be overtaxed by hooking up the new building he is responsible to get it to full working capacity, unless the agreement provides otherwise.

See an attorney for a review of the agreement immediately!

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Answered on 3/23/09, 11:28 am


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