Common well - who owns it?

[Odie]

What is the name of your state?What is the name of your state? iowa

We have a cabin which shares a well with 5 other cabins. The abstract says that we all have 1/5th intrest in the well and shall share in the cost of running and maintaining it. Well, the well itself is located on one of the lots, now a person who says he owns the lot, owns the well also, I told him that is incorrect, we all own the well, and have the right to go into it (it is a pit) as needed. He proceeded to replace the pump and added new wiring to his cabin. Now he wants us to pay for it, but he says he owns it.

The abtract says its a common well. And stated that all 5 people at the time shared in the cost and labor of adding it. Meaning that any repairs should have been agreed to by all of us, not just him going out and getting it repaired. ( Which by the way it was working fine until he disconnected it)

Just because it is on his land, should not make the well only his, and we should have the right to access it as needed to get water.

I think he is miss informed, and he said that he had a laywer look over the deed, should I just as him for the lawyer's name and talk to that guy?

I can't see how he would own the well, but expect us to pay for it?

Comments?

 

[ms.magoo]

Commom well - who owns it ?

Your best bet would be to get to a lawyer, asap. That guy does not own that "commom" well exclusively. Plus it would be good if your other nieghbours that own a part of that property, being the well an all its parts, band together against this bully guy. He should of never ever been allowed to disconnect an then reconnect that well, if it didn't need repairing. That is all his own fault, an you should ask for all the reciepts of that work. Then I would call up the guy that repaired or did whatever to the common well, an get his take on it too. You should also have some sort of easement agreement on your deed. Read it with a fine tooth, an it should guide you in the proper direction on you legal rights, an his as well. Oh an when you do read it, let us know what it states to the tee. Its all in the wording.

 

[Odie]

Thanks,

The lawyer who I used originally when I bought the propery said he will look into it, and we are getting upset with this guy - found out he is not the owner, only the son-in-law of the daughter of the owner - who they put into a home as she is old.

I did look it over - and it says we all own it.

Thanks