Thread: Yet another "sticking point" on the house

Today I called the attorney to make sure everyone was on the same page as closing on the house is tomorrow. One of the things I asked about was water rights to a cistern on their property that has a line running into a yard spigot on our property (it was all one piece until the divide). I've been asking about guaranteed use rights from day one.

Verbally the seller had assured me that would be no problem. The realtor said it was an issue for the attorneys and not an issue for the contract of the home. Today the attorney said this was the first she'd ever heard about it and would get the wording down.

Then the seller visits us and starts telling us the attorney called him and said this is not something he should do because he could never "impede the flow of water" to our source. I told him we're just asking for the equal access he promised at the start of negotiations to be put in writing. Then the realtor shows up after he leaves wanting to talk about the same thing.

The realtor acts as if this is the first I'd brought it up and I told him I've been talking about this since day one and he insisted it was an issue for the attorney during the deed filing.

For those of you who pray, I ask again, please pray that God will resolve this both favorably and amicably. I don't want ill feelings between neighbors but this water source was one of the selling points he brought up before we put in the offer.

I'm so tired of negotiations on this. I am so ready for this to be over so we can get on with our lives. I do hope God choose to touch the hearts of the sellers so we can get on with this. I gave them asking price and didn't ask for any special considerations outside of this water, which they said from the start would be no problem.

Thanks for your prayers.

Glen F

Good luck Glen. I hope this is the last hurdle and one you'll overcome ASAP .tu

Since this first post I spoke to a friend who's a former realtor and he mentioned that what I'm seeking is similar to a "shared well" which is done via "easement" and not signing over rights so I'll call the atty office in the early a.m. to see if this helps ease their concerns. Let's hope and pray.

Glen F

Prayers could help, but in this particular case, hiring an experienced real estate lawyer to represent your own interests might help a tad more.

Good Luck

The lawyers concern probably comes from this being tied to the deed. So, you have rights to the water from the other property owner but what happens if the cistern dries up? Likely they worry that this leaves the other owner responsible for maintaining the supply, not just a shared use. Any shared use deal leaves too many "what ifs". An easement implies more sharing of whatever is there, flowing or not, than a promised supply.

I'm not an attorney nor do I play one on TV, I am however tied by marriage to a whole family of them

Tony

They went for the easement and in the wording cannot restrict or block the flow of the water to our spigot. It took some dickering back and forth but we finally are now officially the owners of this home. and 4.643 acres surrounding it.

Thank God it's finally over.

Thank you all for your advise, suggestions and prayers.

Now I'm going to go about getting stocked up for my online store and trying to get back into business full time.

Glen F

Something else that should be looked at is the fact that the owner verbally said that you could have them. Technically, offering the rights and showing intent to give them to you in the deal for the house is a contract, even if it was verbal. I'm not a lawyer, but I do know that this should be covered under common law.

That said, I'll be praying for you anyway

Originally Posted by FUD

They went for the easement and in the wording cannot restrict or block the flow of the water to our spigot. It took some dickering back and forth but we finally are now officially the owners of this home. and 4.643 acres surrounding it.

Thank God it's finally over.

Thank you all for your advise, suggestions and prayers.

Now I'm going to go about getting stocked up for my online store and trying to get back into business full time.

Glen F

Congratulations.

Buying a house is only exceeded in annoyance by selling one.

Congrats Glen Now you're set

Finally Glen, I hope you and your family will have years of happiness there.