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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99965
Experience:  Lawyer
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Our property was originally part of the family ranch. It was

Customer Question

Our property was originally part of the family ranch. It was subdivided out many years ago and the ranch was sold. We get our water from a well on the ranch which has been sold twice since and we have had a verbal agreement with the owners of the ranch to continue using the water and paying for any repairs to the well system. There are now new owners again, and we are facing some resistance to using the water and accessing the well house on their property. Do we have any legal recourse/rights of way/grandfathered rights to the well?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: British Columbia
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

Is there nothing on title that gives you this right to use the well?

Customer: replied 10 months ago.
Nothing that we are aware of. I know there was a verbal agreement but it has changed hands since the original sale.
Expert:  Debra replied 10 months ago.

Unfortunately that verbal agreement does not bind new owners.

The only way new owners are bound is if there is something registered on title.

So I suggest you consider consulting with a real estate lawyer who can do a quick title search for you.

Otherwise you should consider trying to come to some deal with the new owners.

I am sorry this is not what you wanted to hear.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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