Legal Question in Real Estate Law in Texas

I have been reading through the varied post on this subject and think I am on solid ground with what my issue. However, it is slightly different from those I have read.

Approximately 30 years ago, two cousins bought adjoing 1+ acerages, and built houses. One well was drilled and water lines run to each residence. Five years ago we purchased the property that has the well.

At the time we made our purchase, we elcted to maintain the sharing of water in a "grandfathered" situation. There is nothing in our deed of sale/(purchase) regarding supplying water to adjacent property.

The well and my garage are on an electric meter separate from either house. I pay the pumping cost, and maintain the water softener. The cousin's family pays for the salt for the softener, (most of the time).

The cousin has been deceased for about 10 years and now his widow and her daughter are preparing to leave and sell the property. We advised the daughter that they must let potential owners know that they will should plan to have a new well drilled. She told us that we would be expected to pay for half of the new well. We changed the subject so as not to become combative without knowledge.Thus the following questions:

Can new owners expect to get water from the well on my property? Are we liable for any well cost they may incur if we lack the valve?


Asked on 3/01/10, 3:40 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

1 - Yes

2 - No.

Read more
Answered on 3/07/10, 10:03 am


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