Legal Question in Real Estate Law in Pennsylvania

We recently purchased a house in Chester County, PA. We had the property surveyed and found out our neighbors water well is on our property. The well is still in use and is their water source. The neighborhood is around 60 years old. There is no record of an easement on the settlement paperwork, nor was anything found when the property was surveyed. We are going to put a privacy fence in and want to know if I can legally fence the well in, as long as I give them access to it whenever they need. Or do they own the land, therefore I have to fence around it leaving it exposed? The well is about 8 feet onto my property.


Asked on 4/21/14, 5:19 pm

1 Answer from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

I suggest you review this matter with an attorney. Depending on the amount of time the water well was on the property the neighbors may have an implied easement even if there is no paperwork recorded. i would have the survey and related documents reviewed by an attorney.

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Answered on 4/22/14, 7:11 am


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