Q: Is there a way to word an Easement Agreement so that the Dominant Tenant is responsible for County taxes in that area?
The Dominant Tenant had a well put in the access area he is afforded by the state of Florida for ingress and egress only and against my verbally telling the Well Company and the Well Permitting Office, that the well was was happening on the wrong property, even before the permit was issued. I have had the area around the Dominant Tenant's property re-surveyed and have the proof that the well is on my property.
I know I could go to court and ask the court to order it filled but, this family needs the well and cannot afford to have another one dug. I would like to allow it to stay where it is, but I do not feel I should have to suffer the tax increase that will be a result of doing so.
I would have no issues wording an Easement Agreement to include this and have it run with the land, but would it be legally enforceable, once it is filed with both our Land Deeds?
A: Yes, it appears that all of this can be done in a properly-worded agreement. But you need an attorney to be sure that it is done properly.
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