What can be done about a shared easement?
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What can be done about a shared easement?
We bought our house last year. The well (on our property) is shared with the house next door. We found out 2 months after closing that the pressure tank, water softener and UV purifier, all of which are in our basement, also are shared. Had this been disclosed we would not have gone through with closing until the other house had its own system or we were guaranteed payment for space, electric, salt, etc. We have tried talking to the other homeowner to no avail. He also hasn’t paid the way too low $5 for well usage as stated in the easement. What do we do?
Asked on March 1, 2011 under Real Estate Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The length of time it took you to find out the information is troubling, as is the fact that you did not find out prior to closing. Generally speaking people do a little investigation, so to speak, on their own when they buy a house. They have title searches done, they do inspections, etc. If you did all of this and the information did not come up - and maybe it would not have on these reports - and no one disclosed the information to you prior to the sale, you could have an action for misrepresentation or fraud against the old owner, maybe the real estate broker and maybe the attorney who handled their sale. Speak with your attorney here and look at your contract. And read the easement language carefully. Good luck.
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