Real Estate Law
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Generally the courts will look to see if there is a contract; the requirements of a contract are as follows:
1. Offer2. Acceptance3. 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.
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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