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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a question ihave water rights on my neighbors

Customer Question

hello I have a question ihave water rights on my neighbors property ,it is a spring about 20 feet deep, and graved flow to my property to a holding tank ,n the late summer it gos dry ,I had it which and I want to drill a well next to the spring ,can I do it ,
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, Your right to use your neighbor's water is controlled by either an express or implied easement. If the easement is express (i.e., in writing), then I would need to review the granting instrument (typically recorded with the county court or clerk). If the easement is implied (because you had the use when the property was transferred to you), then I would need to know the State jurisdiction in which the two properties are located -- because the law various from state to state. Please let me know whether or not your easement is express or implied, so that I can assist you further.