Legal Question in Real Estate Law in Washington
what are my rights
3 yrs ago my husband, myself, my brother and his wife all bought a 40 acre parcel togeather. the 20 acres that my brother has, has a well on it. it was agreed upon at the time of purchase that this would be a community well. now he wants us to stop using this well, and has threatened to take us to court. he even dug the water line from the well to our home which we have been using for 3 yrs.
i should mention that this whole 40 acres is on 1 contract of sale agreement.
1 Answer from Attorneys
Re: what are my rights
If you have a written contract for the use of the well, you my sue to protect that right under a breach of contract agreement. Even if you do not have such a contract, if you had an oral agreement, you can sue, but it becomes more difficult.
In addition, your brother may have violated the Water laws by cutting water off to you.
Finally, if there is a well, then there must be a water right attached to it. If the water right is in your name, then he has impaired your water right and you can sue to protect it.
Feel free to contact me if you have any other questions, or would like to schedule a free consultation.
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