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  1. #1
    Join Date
    Dec 2014
    Posts
    4

    Default Shared Water Well Problems

    I live in TN and need some advice.
    We have been residing on our property since 1987 and purchased the 1/2 acre lot from my Father in law in 1991. He granted us permission to use his Water Well and we have been using it since 1987. He passed away about 9 years ago and his 1?? acre lot (including the Well) is still in probate according to his son the Executor. What rights to we have for continued use of the Well?
    We have nothing in writing.

    My next questions is:
    My Father in Law suffered a stroke and his son(same as above) drafted a Will for him to sign(which he did in scribbles because of his limited brain/motor function due to the stroke) and it states that My Husband had already received his portion of the property and was not entitled to an Heir's share to the Property/Lot. The point is not the property but that he has cut him out of any participation in what's happens to the property. Our property is right next to my deceased's Father in laws land and home. The Will states he already received his portion(the 1/2 acre we purchased for $10). Can this be done?
    After the stroke, my FIL was not competent to sign a Will, read, barely speak and could not walk.

    My last question:
    My Father in Law also granted us permission to move our driveway to the edge of his property. This was about 15 years ago. The entire driveway is on his property with our land starting directly beside of it. Do we have any rights to this agreement?
    We again have nothing in writing.

    Thank you,
    Sissybugs ;-)

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Shared Water Well Issues

    Quote Quoting Sissybugs
    View Post
    I live in TN and need some advice.
    We have been residing on our property since 1987 and purchased the 1/2 acre lot from my Father in law in 1991. He granted us permission to use his Water Well and we have been using it since 1987. He passed away about 9 years ago and his 1?? acre lot (including the Well) is still in probate according to his son the Executor. What rights to we have for continued use of the Well?
    We have nothing in writing.
    So you own a lot next to a lot owned by your father in law and the well is on the property next door. You have no right to continue using the well because you were given permission to use it. That eliminates any easement rights you may have had otherwise. The permission can be withdrawn at anytime.


    Quote Quoting Sissybugs
    View Post
    My next questions is:
    My Father in Law suffered a stroke and his son(same as above) drafted a Will for him to sign(which he did in scribbles because of his limited brain/motor function due to the stroke) and it states that My Husband had already received his portion of the property and was not entitled to an Heir's share to the Property/Lot. The point is not the property but that he has cut him out of any participation in what's happens to the property. Our property is right next to my deceased's Father in laws land and home. The Will states he already received his portion(the 1/2 acre we purchased for $10). Can this be done?
    After the stroke, my FIL was not competent to sign a Will, read, barely speak and could not walk.
    There are two ways to challenge the will, Testamentary capacity and undue influence in this case. However, Tennessee has a 2 year statute of limitations from the time the will entered probate to challenge it. If the estate has been in probate for 9 years (that in of itself is a red flag) you are past the SOL. If the estate is large enough, it may be something you want to discuses with an attorney.

    Quote Quoting Sissybugs
    View Post
    My last question:
    My Father in Law also granted us permission to move our driveway to the edge of his property. This was about 15 years ago. The entire driveway is on his property with our land starting directly beside of it. Do we have any rights to this agreement?
    We again have nothing in writing.

    Thank you,
    Sissybugs ;-)
    Same answer as to the well question. If your FIL did not grant you an easement in writing, you could be made to move the driveway. If he did grant you an easement, it would depend on what the granting language says.

  3. #3
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Shared Water Well Issues

    Thank you so much for your reply. I do have another question:
    As mentioned earlier, my FIL is deceased since 2003. The Estate has never been finalized in Probate Court. I spoke to the Probate office today and the file was closed after 2 years. He stated it could be re-opened anytime. He suggested that we get as many Permissions in writing and Notarized as possible, from each of the Heirs, for use of the Well and Driveway. Could you direct me to a document, same or similar, as we would need to pursue this option?

    Thank you,
    Sissybugs ;-)

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Shared Water Well Issues

    I spoke to the Probate office today and the file was closed after 2 years. He stated it could be re-opened anytime.
    On what grounds did the Probate office say that probate could be reopened after 9 years?

    I'm not sure what you mean by

    He suggested that we get as many Permissions in writing and Notarized as possible, from each of the Heirs, for use of the Well and Driveway
    .

    What does the Probate Court have to do with a land use matter once the estate has been closed and assets were distributed? If the son owns the land next door, why not just ask him to grant you the easement for the driveway and an agreement for long term use of the well? I don't see where any of other heirs would have anything to say about it.

    As to a form of document, I can't help you there because I don't know what you are attempting to accomplish. You could speak to an attorney or perhaps someone else on the forum understands what you are talking about.

  5. #5
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Shared Water Well Issues

    Thank you again for your reply.
    The Estate has not been settled and there are Heirs to the Estate. The executor has done nothing but distribute the Monetary funds from the Estate. The Land has not been sold, transferred or anything else. The Recorded owner is still my FIL according to Publice records.
    All I was asking was a simple form (example) that we could use for Permission to use the Water Well and the Driveway. To which we could pose to each of the Heirs to sign granting permission for continued use of the Water Well and driveway.

    Thank you,
    Sissybugs ;-)

  6. #6
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Shared Water Well Issues

    Do not discount the possibility that at the time your FIL signed a new will he also deeded his property to the son. It is possible that the son has not recorded that transfer for one reason or another. What does the will say about the FIL's property? Is his son to inherit it? Does the son live on that property?

    I still maintain that the heirs to the estate have no legal standing to give you permission to continue using the driveway or the well. The property does not belong to them. The property belongs to the estate of your deceased FIL or his son. Probate was closed 9 years ago and you think that the property was not distributed.

    Has anyone said anything to you about the use of well and driveway? Why is this now an issue when for 11 years it was not?

    I can't give you an example of a document granting you permission for the use of the driveway and well because I don't understand what the intent is. Are you sure that what this document isn't for permission to reopen the probate of the estate? Could you have misunderstood the Probate office?

    You really should consult with a local attorney.

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