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rvlaw, Lawyer
Category: Real Estate Law
Satisfied Customers: 8386
Experience:  30+ years NYC R.E.litigation & closings; contract law professor.
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When we purchased the lot we now live on about 26 years ago,

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When we purchased the lot we now live on about 26 years ago, it was a newer development. It was lots for mobile homes. We purchased the lot that was on the dead end that had the community well for the upper part of the community. The well was actually on our lot and they had the right-away to maintain a 90 ft. radius around the well and nothing could be built within the 90 ft radius. The well was maintained by the small family that was selling off the lots. Going forward, the well was sold to a small water company - this happened 2 times. It was in our original paperwork that we were to allow a 90 ft radius around the well & the water company was to have access rights.
The 3rd and last time the community well was sold, it was sold to a major water company. We receive and pay a bill like everyone else. But a couple of years ago, a total stranger was on our land and my husband ask him what he was doing, he was surveying our land and was sent here by the water company. We were furious. I'm not even sure if this water company knows we own the land. What they did was tear down the old well house and cleared out more area for a new well house and put a huge water tank on the land as well.
I think we are just highly aggravated at the way this whole issue has accelerated over the years. Each time this happened, we never knew the water company changed hands until after it happened.
Is there anything that we can do about this now? In essence, we would like to be compensated for the land use this well is on. We would prefer to just move but we are now both in our mid 60's and it isn't as easily done as it would have been a few years ago.

Hi and welcome to Just Answer

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 consult
with an attorney in your state and discuss this matter with him or her.

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Please accept my answer and rate it 3, 4 or 5. Thanks


Customer: replied 3 years ago.

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

Correct. Thanks for using Just Answer


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