Legal Question in Real Estate Law in Arizona
easement
We have a shared well that is on a 30 x 30 utility easement..5 families on it. The new owners of the property where the well is located, claim that they own this well, and will give us permission to keep using this. Can this be true? We already have a well agreement in place and he wrote a new one stating he is now the owner.
1 Answer from Attorneys
Re: easement
If your agreement was recorded it runs with the land, and the new owner is subject to all covenants that run with the land. Beware if the agreement was not recorded.
If the new owner has recorded some new document, take action now or you may lose your water rights. If you lose your water rights, you would have to drill a new well, which is expensive.
Water law is an entirely different field of law, especially in Arizona where water is scarce. Consult with a water law attorney. Scott Larmore in Arizona is an expert, formerly an attorney with the Water Department. Get your other neighbors together and consult with him or someone who is an expert in water law, not just a real estate attorney.
Good luck.
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