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The water company was bound by the right of way contained in the original deed. You have a right to sue the water company for their ignoring the right of way. You can ask the court to force the company to remove the water tank or in the alternative to compensate you. In cases like these, courts usually don't order a structure like the tank to be torn down since it is drastic action. They will usually opt for awarding you compensation.
Remember this is not legal advice. You have to consultwith an attorney in your state and discuss this matter with him or her. To find an attorney, go on line to Martindale.com. This is a nationwidedirectory we lawyers use ourselves to find highly qualified legal specialistsin various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill outquestionnaires giving their opinion of the quality of the work of the law firmthat ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult withtwo or three and select the one you aremost comfortable with. The Martindale listing will have the names of current orpast clients. Contact those clients as references for the firm.
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This is for RVLAW. They do not have a right to take or use any land within the 90 ft radius nor to build a 2nd well should a 2nd one ever need to be built? Because all that is contained in the deed is the 'right of way' we gave them to the existing well that is there., am I correct? Thank you
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