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Our neighbor and I had a shared deep well on property line built with our homes 55 years ago. The well failed needed to be closed filled. The new well had to be drilled 10 feet from the property line. It was drilled on my property. Can a legal document be created to permit the well to be used by our neighbor that can be guaranteed even after either or both properties change hands? We want to make sure both properties can use the well forever.
Asked on June 27, 2019 under Real Estate Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Yes, what you need is to put an "easement" on your deed for the benefit of the neighboring property, which gives that property the right to water from the well. An easement "runs with the land": that is, it becomes part of the property in essence, and so it does not matter who owns the land. A real estate attorney can help you draft and properly file this.