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Buying or Selling a Home/Failure to disclose issue in Arkansas
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Question
Friends purchased home and property on well water in Spring Valley AR. four years ago. Yesterday due to problems with the well water line discovered that a separate functioning water line was running from their well to a neighbors house. This shared situation was not disclosed in the sellers disclosure. We repaired the broken line, neighbor admitted that line was going to his house since we installed a shut off valve in the suspicious line and turned it off (leaving neighbor without water). What is the proper and legal course of action my friends should peruse in this matter? I
Hi Tim,
First your friends need to check their deed and County records to see if the neighbor has a legal right to the water. If they do, end of discussion. But if they do, then they should share expenses on any well problem on the well itself. Also, it should have been disclosed.
If they don't, first remember that this person is a neighbor and it's good to have neighbors that are friends, not enemies. Plus this situation existed before they bought the house. If it were me, I would talk to the neighbor in a non-confrontational manner and try to find out how this came about. Next, if they have plenty of water and its no problem for them, find out from the electric company or well company about how much electricity the pump pulls. Half the amount and ask them to pay that per year and ask them to sign a legal document agreeing to share any expenses on the well pump and well head as long as they live in the house. Your friends pump is getting double the work out and the neighbor should share the expense.
Next if they refuse, have an attorney draw up a letter notifying them that the water is being shut off in 30 days. If your friends don't do this and allow them to continue to get the water without paying, this may set up a precedence giving them a right to the water. I'm not an attorney so check with one on that.
Hope this helps with your friends problems.
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Expertise
A lot of people who want to move to the mountains don't really realize what it might involve. For instance, here in North Georgia, if you want a mountain view, you may have to drive up very steep roads. Will you have well water (That's usually good!)? Do you speak septic tanks? Have you considered that if you want really want to get away from it all, you'll do it on a gravel road? What's difference between a Log home and a Log Sided home? How can I tell? Who takes care of the house when you're not there? Where can you stay to check it out? This is a very popular area for second homes and investment properties or when you finally decide to get way from it all, I can find your perfect property. I can answer questions on North Georgia Mountain living, housing, land, amenities, and activities. We handle a lot of foreclosed properties in our office so I have become a Certified REO Specialist. REO means Real Estate Owned and is the industry name for a Foreclosure. It refers to "owned by a bank or other corporate entity". If it involves an area of expertise I don't have, I can probably tell you what kind of an expert you do need.
Experience
We've had property in the Ellijay area for over 10 years. My husband, who is a Civil Engineer and Appraiser, and I built our own log home. We researched log homes and North Georgia for three years before choosing Ellijay. Because of the building experience and being married to an engineer/appraiser, my real estate experience is a bit more extensive than average. I also am an education freak believing that the more you know, the better off you are. My husband and I both like photography, so we drive and hike all over the mountains looking for pictures.
Education/Credentials
MHA, CMA, Licensed Realtor, Associate Broker, e-PRO, GRI, Certified REO Specialist. Realtors are required to have 24 hours of continuing education every 4 years. In the last three years, I have 180 hours so far!
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