08/17/13, 7:07 pm
We have a small water supply system in our neighborhood which is a nonprofit organization. We have leases with 2 different people for $100. 00 per year for allowing us to put a water well on their land. The #1 site is where the main well and water tank is ;located. The lady who owned this plot of land just recently passed away and her daughter, who lives in Texas, is raising cane about her contract because it does say in it that they are to receive their water free. There was some discussion about this a few years ago, and one of the older board members said that yes their contract did say that but then an attorney informed us that we could not do that...that it was against the law. Since her mother died, the daughter has become total owner of the property and now insists that she must have her water free. We do not want to cause problems with her. Can you help us with this?
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United States   |   Louisiana  |  Contracts
Cost: Free


Donald Hyatt Says:

Sep 11,2013 2:16 PM

It is very difficult to give a firm opinion on a contract matter of this nature without the actual contract in hand to review. Given your description, however, I am somewhat confused at the advice given by another attorney to a board member that free water for the land holder could not be a contract provision in the lease allowing for the well and tank to be placed on the land, maintained and used there. It sounds to me like you likely can give the daughter what she wants in the way of free water from the well and tank, but the entire contract would have to be reviewed for a certain answer. The foregoing is intended as legal information concerning the question asked, but is not intended as legal advice upon which the requesting party may rely in guiding their actions. Rather, the requesting party should consult an attorney for a personal consultation and advice for a full consideration of their situation and rendition of legal advice. Additionally, by providing this general information I am not accepting any representation of the requesting party and I am specifically declining to form an attorney-client relationship with the requesting party unless agreed to later after further consultation and agreement.

Areas of practice listed are are areas of concentration in my practice. I am not board certified in any of the listed areas, and by listing them and describing my practice I am merely describing my experience and the nature of my practice.

Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471

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