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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 9346
Experience:  Just Answer consultant at Self employed
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I am a property owner in Iowa with a water well drilled on

Customer Question

I am a property owner in Iowa with a water well drilled on my property. In 1976 my parents purchased the house next door to my property. At that time we ran a water line to their property for them to have water. In 1995 my son purchased the house and moved in, we have never had an agreement regarding the water well for their usage other than if it needs repaired we will share the cost. After the death of my husband I wanted to set up an agreement in writing to protect myself that they would pay me so much a month for the water(electricity) and half of any repairs. I want them to drill their own well or hook up to public water which is available to them, but they are not in agreement with this. Can I legally terminate their water after giving them sufficient time to obtain their own water supply or is there an implied agreement since they have used my well for several years?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Iowa
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 days ago.
Category: Real Estate Law
Expert:  legalgems replied 9 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 days ago.

Generally the courts will look to see if there is a contract; the requirements of a contract are as follows:

1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

So for long term use the court will generally find an implied contract; the court will have to look to the situation to determine what the terms of the contract are. They may determine that since both parties are benefiting from the use of the well, equity requires contributions from both parties as to maintenance/costs.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 7 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html