Shared Wells

[HeyKaz]

What is the name of your state? Illinois

SHARED WELLS

I share a well with five other people in my subdivision...the well-head is located on my property.

We all kick in a monthly stipend for maintenance, future repairs, etc. There is no written agreement between the parties. I have lived at this property for four years.

We recently had some repair work done that left my yard in disarray. It's work for which I have neither the resources nor the time to complete. My fellow well-mates say that it's not their problem and that I need to bear all the cost on my own.

Is this fair?? Do I have any legal recourse??

It seems to me that if these folks receive the benefit of almost free water, they should also have to share in ALL the costs associated with this benefit.

Am I correct in this assumption?? Can you cite any legal precedent that will support my contention with my neighbors??What is the name of your state?

 

[FarmerJ]

Kaz you do realise that when you used the lock tab on your other post no one can reply ? , Its sad to say you did not get a written agreement regarding repairs to the yard and the well itself when you bought the home. After the fact your going to have to attempt to sue them but Its hard to say how a court will rule with out a written agreement spelling out every thing. If the well head is on your property then is it a safe bet to assume the electricity comes from your meter ? At this point you could decide to just let it be OR take it a step further and plan for having your own well drilled and then speak to a atty about drawing up a letter telling them that after X date your not going to supply electricity to a well your not drawing from and see if the atty thinks you can pull off including language that insist if you continue to supply power ( via submeter so you know how much it uses and how much to be reimbursed) that you must have a written agreement signed by them that states should the well fail again that they no longer have permission to have use of that well. No matter which way you go its gonna be a legal mess some day, Speaking to a real estate atty now is the best thing you can do so you can learn what what each options cost could be. BTW Even if you get your own well and do not supply power to it the others could seek a prescriptive easement to the well , If they go that route again it can be negotiated if they too are tight on money they all might be interested in a new agreement just to keep cost down.