I agree that a letter from an attorney might spur the title company into responding to you or trying to resolve the potential claims. However, as before, I think your claims may be against the Seller. In my previous response, I stated: "the (title insurance) coverage is limited to providing title, as a general summary.If the neighbor releases forever the claim to the water well and releases forever the easement
, then you would then have full ownership of the property with your own separate well and with no permission for the neighbor to come onto your property.In the meantime, however, you have incurred expenses and have dealt with the stressful situation.For the expenses of providing water, I would hope the existing water well agreement would require the neighbor to share the expenses. In other words, I would hope the water well agreement has a provision that requires the neighbor to pay 1/3 or 1/2 or some specific percentage of the costs of electricity and maintenance
of the well. So, your claims for those specific expenses would be directed to the neighbor rather than to the title company.Next, the title company only took on some of the liability of the Seller by virtue of the title policy. The Seller remains potentially liable to you for matters not covered by the title policy. Thus, the issue is what the Seller knew about the shared agreement. If the Seller was aware of the agreement, but did not correct the representations made by the title company in the title policy, then the Seller could be liable to your for misrepresentation. This is a tort claim which could provide the basis for your claim for damages for the stress." I know you incurred expenses. But, as before, I am not sure the claim for the expenses and stress is against the title company. "Title insurance" is simply not what anyone, including me, thinks it is. In its most used form, title insurance is not very broad coverage. It is in fact very limited coverage and only requires delivery of title. By obtaining the deed from the neighbor, if it in fact eliminated any claim by the neighbor to your well, the title company has "legally" met its contractual obligation. The damages you incurred are the responsibility of the Seller as I see it. I have not been on the JustAnswer site since June 16 and only became aware of your question through a separate notice from JustAnswer. Again, I agree with the prior Expert that a letter could cause the title company to respond, but, I would try to re-direct your attention to the Seller and to the neighbor. To the neighbor for costs and expenses of maintaining the well while the neighbor received water and the costs of pumping the water and to the Seller for other damages and stress.