Is an easement valid to provide access to water in the well?

An easement is a right which one person may exercise with respect to the land of another. In this case, the easement affords the plaintiff the right to “install, maintain, repair and replace” a water pipeline across the defendant’s property, and by inference, to the well on the property. As the court said in Harrison v. McMahon: The water itself may not be the subject of property, but the right to take it and to have pipes laid in the soil of another for that purpose, and to enter upon the land of another to lay, repair, and renew such pipes, is an interest in the realty, assignable, descendable, and divisible. While an easement of the kind at issue here cannot be an easement over the water in the well, it would appear that the intent of this easement is to grant the plaintiff access to the water in the well as well as to grant him the means to convey the water to his property. It is prima facie valid to that extent.