Legal Question in Real Estate Law in Missouri
I am unable to locate any recording of a shared well agreement in Missouri for a property I would like to sell. The well is located on the other person's property and they say that if I sell they will shut off the well to my property. Can they do that since the well has been shared for over 25 years? Is there anything the new homeowner will have to do?
1 Answer from Attorneys
If your use of the well has been adverse, then you (or the buyer) may be ablet oc claim an easment by adverse possession. But, it appears that the other landowner has allowed you to use the well. If the other landowner has allowed you to use the well, they can rescind that permission almost whenever they want. If you do not locate an agreement that carries to the land, and not just you personally, there may be little you (or the buyer) can do, but buy an easement to use the well.
Good luck
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