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.
Donald Hyatt
Donald L. Hyatt, II, APLC
633 Village Lane North, Suite 105,Mandeville, Louisiana (LA) 70471
504-813-6727
http://www.linkedin.com/in/donaldhyatt/
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