Marblehead, MA asked in Land Use & Zoning and Real Estate Law for Massachusetts

Q: Our drinking well is on a property that was sold. Does the person who bought the land need to drill us a new well?

What if we don't want a new well and want to keep the one we have on his property?

1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Real Estate Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: If the well was on your property and you sold the land, you should have made some provision for retaining an interest in that land, like an easement, so you can keep using the well. If you did not, there may be an issue with the current owner because if you have no easement, you may not have a right to keep the well on the land. If the property with your well was owned by a third party and sold to a third party, and you had an easement for the well, you should not have to have a new well dug because the easement most likely runs with the land and was not extinguished when the property was conveyed.

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