Clarksville, TN asked in Real Estate Law for Tennessee

Q: Is it illegal in to to sell someone property without a well rights agreement?

Was told when bought property it was on a shared well with two other properties and seller said he would give me easement to well. It has been approximately 10 years since purchased property and now seller refuses to sign well rights agreement. I am trying to sell my property now but unfortunately cannot without agreement.

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

A: No, and very legal. You might be able to sue for a Declaratory Judgment that you have Water Rights by Prescription. But this will take time and money. You are trying to sell real property without title to everything that you represented you owned. It may be better to dig and plumb another well. But first hire a competent attorney to search both titles for any type of Easements. I frequently go back over a hundred years to find what my Clients need.

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