Legal Question in Real Estate Law in Georgia
water easement
I am revising my will. I want to leave a piece of land to my son, but I also want my daughter to have unrestricted use of the well that is on that property. Can I devise the land to him and grant her an easement for the use of the well and water? How should that be worded?
3 Answers from Attorneys
Re: water easement
Writing part of your will for you is not appropriate for this forum, but it is a good example of why you need a lawyer to draft it for you. If these issues are important to you, you'll invest in a proper will. That means a lawyer who does wills and estates as a primary practice area, and not one who dabbles and requests in just about every area of law. When your family finds out your will is unenforceable, it is too late.
Re: water easement
Yes you can do this. The language wold be very similar to the wording you've already suggested.
Re: water easement
The manner in which will revisions are made, signed and worded require the expertise of any attorney who has access to the complete text of the will that is being modified. It is not unusual for attorneys to recommend that a new will be drawn. Please do not hesitate to contact my firm in the event that you wish to pursue these options.
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