Full question:
I own a mobile home as a rental and have been buying water from a pvt. water system for 12 years. I am on a easement type road and the county will not run a water line to my property. A well is on my property but is contaminated so the system owner who buys water from the county and has a line running past my property is the only way I can get water. The seller without notice to me has cut the connection to my property and refuses to answer telephone calls and has not replied to a letter I mailed him. I went to his house and talked to his wife and she stated that he did not want to sell me water any more. The water line belonged to someone else when I bought the property 12 years ago and this guy took it over about 4 years ago. I have been paying the water bills they put in my mailbox without fail for 12 years. I think he has to continue selling water to me. What can I do?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Georgia
Answer:
The situation depends on whether there is an easement in your deed or a separate easement agreement. If not, you may only have a revocable license to access the water line. However, you could argue that an easement by implication exists, as it may be necessary for your property's enjoyment, especially since there are no alternatives for water access.
An easement is a property right allowing you to use another's land for a specific purpose. Easements can be created through deeds, continuous use, or necessity. If an easement exists, you have the right to maintain it unless otherwise agreed. If the easement is appurtenant, it typically transfers with the property when sold.
To terminate an easement, certain conditions must change, such as the purpose of the easement no longer existing or the owners merging. If the water supplier has cut off access without proper grounds, you may need to seek legal remedies, including possible injunctive relief, to compel them to continue providing water.
For more specific guidance, consider consulting a legal professional who can review the details of your situation and the applicable laws in your state.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.