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Well placed on neighbors property

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MGonzalez

Junior Member
What is the name of your state? FL
The well for my manufactured home was placed on my neighbors property because the survey was done incorrectly. When the error was brought to my attention by the company who owned the property at the time I informed the dealer I was purchasing the home from. He told me that they will move the well and survey the property again. They have since re-surveyed the property stating that the well was moved when in fact it is still on the neighbors property. Now the neighbor has said that he will not allow the dealership to remove the well from his property (which basically means I'm paying for his well) and the dealer has stated that they are not going to pay for a new well. In the meantime the neighbor is getting ready to hook up the well to his home and therefore I have to allow them to turn off my electricity for at least 4 days with no regards to where my family is to live for that time period. The neighbor said that he is going to rent a backhoe and will be digging around to locate the exact position of the well and if in the process my pipes are damaged or destroyed he will not be paying to replace them. What advice can you give me, is there anything I can do to avoid having to pay for a second well?
 


justalayman

Senior Member
Who paid the surveyor?

It would seem the surveyor is at fault by your post. He would be responsible for actions taken based upon his survey. The dealer will probably have to make a claim against the surveyors E & O insurance, or the surveyor himself.

Now as long as you don't have to pay for a well again, it shouldn't matter the neighbor gets his for free. Their are others that may or may not be concerned about the neighbor being the benefactor of this mistake. I would let them worry about it.

Now if the neighbor damages pipes on his side of the property line, you probably have no claim but if he also damages pipes on your side of the line, he is liable for that damage.

Why would your electricity need to be shut-off for 4 days because of this. I can't think of a reason it would need to be shut off at all. Call me dumb but that is why they make breakers to fit in those little panels.
 

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