Legal Question in Real Estate Law in Georgia
rights to well
A recent survey revealed that our water well is 2 feet on our neighbor's property. It was drilled 18 years ago without any complaints in that time. Our neighbor is refusing to give us an easement for the well so that we will be forced to sell to her for well below market value. What rights do we have?
2 Answers from Attorneys
Re: rights to well
You will need to consult with a local attorney regarding your question. Alternatively, have you offered to purchase an easement for your well? If your neighbor agrees to sell an easement to you, you should employ a real estate attorney to draw up documents that will always serve as evidence of your easement.
Re: rights to well
Under these circumstances, a court may compel your neighbor to sell you the site of the well, or sell you an easement. This would be at a price set by the court.
You should only pursue this if a private agreement can't be worked out, and only with the assistance of an attorney.
If a private agreement is reached, you should have an attorney draft the easement.
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