Jonesborough, TN asked in Real Estate Law for Tennessee

Q: 2 property’s sharing well, 1 property sales without being told they must share well. Are we bond to share well now?

Well sets on my property, other property is planning on building 2 more homes and use my well do we have to comply

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: Have you performed a title search? Because of permissive use over time there may be a prescriptive use easement for the benefit of the other property, or you may be able to assert none exists. Be prepared to litigate by hiring a competent attorney to look into it. The burdening water use easement must be in your chain of title, not the other benefiting property title.

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