Legal Question in Real Estate Law in Pennsylvania

live in monroe county pa. i have a well on my property that is shared with the property across the street...the house was in foreclosure and pretty sure someone has purchased it. there is no well agreement that i know of and if there was i never signed it or do i think the other houses bank could find one. the other houses pump has been taken out as to not damage mine from sitting in the well from not being used for so many years..do they have any right to my well...i am the owner of the house although i do not hold the deed my mortgage lender does. also as a side note i do live in a ungated private community....any help would greatly be appreciated as i cannot truely afford a lawyer and hope it doesnt come down that...


Asked on 6/05/17, 8:47 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

First, the property is deed is in your name. You can go down to the courthouse and get a copy. While your at it you want to look for any esements or mineral right language in your deed. Water is considered a mineral. If there no easement or any language in YOUR deed then for anybody to have a right to your water there would have to be a written contract. It might not be in the county property records. Since you have a mortgage there is title insurance. If there was anything assigning water rights to another property and they missed you title company might be on the hook. Also if you had a lawyer when you closed then you can ask him. ikf there's a problem that he didnn't catch he might be on the hook to fix it.

{John}

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Answered on 6/05/17, 9:55 am


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