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There is a well on our property that the neighbor property…

Customer Question
There is a well...

There is a well on our property that the neighbor property has easement on since almost 50 years, now both properties have own drinking well, this well has not been used for years other than occasional lawn irrigation. We needed water for our garden for about two weeks in the summer until we managed to set up our irrigation for the pond, and now the neighbor wants to sue us using "his" well. On the agreement there is no definition for exceptional use, does he have the only right to use it< or he only has right to use it, but we are allowed as well?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Actually in Canada, BC

Lawyer's Assistant: Has any paperwork been filed?

No, he is just yelling at threatening us that he is going to make us buy the well and pay him the price of a brand new well, close to $5000 because we went behind his back and used the well

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The easement area is about 6000sf, are we allowed to cultivate the area since it is a farm land without obstructing his access to the well, or we have to keep the whole area free?

Submitted: 7 months ago.Category: Canada Law
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Answered in 34 minutes by:
11/30/2017
Lawyer: Debra, Lawyer replied 7 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,550
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 7 months ago

I am sorry to hear this.

Let me make sure I understand.

The well is yours and he has the right to use it. But the easement doesn't say he has exclusive use of the well does it?

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Customer reply replied 7 months ago
Hi
The well is on our property, he has an easement, right of way, the agreement has been done in 1961, by previous home owners for both properties. He is claiming it his well, and we used it for about two weeks , now he is saying we went behind his back, we were not allowed to use it. On the agreement there no wording that he would have exclusive right, we are wondering if the easement definition itself makes him the sole user/ owner of the well, or it only grants him access to use that easement area and the well, but we are also allowed to use the land and water from the well if needed.
Lawyer: Debra, Lawyer replied 7 months ago

He is entirely incorrect. It is not his well in the least bit.

It is your well. And all the surrounding property is yours.

All he has is the right to use the well and cross over your property to do so. He no say at all in terms of who uses the well or your property so long as the well is there for his use and his access is not being impeded.

Does that fully answer your question?

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.

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Lawyer: Debra, Lawyer replied 7 months ago

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

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