November 2, 2018

Implied Easements

by Tibor Bogdan
November 2, 2018

I have another Q & A today…

Q: Many years ago, we decided to share the expenses with our next door neighbor and drill a well. The well is on our property and our neighbors have free access to maintain their lines if necessary. Now we are thinking of selling our acreage and I wonder if we should do something about it before we sell. James B.

A: Hello James. This sounds like a good question for a lawyer. Over the years I have come across similar situations and from my perspective this looks like an issue of an unregistered easement. Your neighbor has been using part of your property for the purpose of supplying water to their property and even though you don’t have anything in writing, it is likely that the easement exists (implied easement).

My advice to anyone in this circumstance would be to inform the listing agent about this and make sure this is properly disclosed in writing to all potential buyers. However, the best thing to do would be to visit a Real Estate Lawyer for advice, because they may suggest that you register an easement on title.

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