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Deeded Access to Well

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confusedgirl040

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I live in North Carolina. We have deeded access to a well that is on my neighbors property. The land owner of our property has been maintaining and up keeping the well for over 10 years because the neighbors lot has been vacant. A new owner bought the property knew about the access replaced the well and destroyed the existing structure for the well built a fence around the well and his property.
Just yesterday he shut the water off to our property because we owe 20 dollars to the electric which was in my name but he had it put in his as soon as he realized it was. He didn't inform me of the bill and made no effort to say hey im going to shut you off if you don't pay nothing. I have an 11 month old who uses formula I need the water. He also informed us because he thought we were the land owners (we just rent, the landowner is a friend) that we owed him 400 dollars for the update to the well.

What I want to know is what are my rights with this?
Do we have to pay 400 dollars since he did not inform of us updating and get approval before doing so?
And can he just shut me off without notice and not even letting me know what is owed?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? North Carolina

I live in North Carolina. We have deeded access to a well that is on my neighbors property. The land owner of our property has been maintaining and up keeping the well for over 10 years because the neighbors lot has been vacant. A new owner bought the property knew about the access replaced the well and destroyed the existing structure for the well built a fence around the well and his property.
Just yesterday he shut the water off to our property because we owe 20 dollars to the electric which was in my name but he had it put in his as soon as he realized it was. He didn't inform me of the bill and made no effort to say hey im going to shut you off if you don't pay nothing. I have an 11 month old who uses formula I need the water. He also informed us because he thought we were the land owners (we just rent, the landowner is a friend) that we owed him 400 dollars for the update to the well.

What I want to know is what are my rights with this?
Do we have to pay 400 dollars since he did not inform of us updating and get approval before doing so?
And can he just shut me off without notice and not even letting me know what is owed?
Your landlord will need to address these matters. Your beef is with your landlord.
 

FarmerJ

Senior Member
Not only is this your Landlords problem but if your landlord is not aware of it the property you now rent could be condemned by your city / county/ township as unfit to be lived in since their is no water. You wrote >Just yesterday he shut the water off to our property because we owe 20 dollars to the electric which was in my name but he had it put in his as soon as he realized it was. < this is confusing , so are you saying that this well had its own electric meter that supplied the power to this shared well ? If so then I suggest you contact your electric utility and insist on them explaining to you what right they had to alter your account with out talking to you) AS to your lack of water if your landlord takes too long to deal with this then by all means call your city / county or health department and have them contact your landlord.
 

confusedgirl040

Junior Member
Ok I probably should have added this is a friends peoperty that we are currently renting to own. So technically its my problem. Also yes the well has its own meter that was in my name.
Thanks for all the help
 

FarmerJ

Senior Member
Is this so called rent to own contract recorded at your county government center in the same way that a contract for deed, land contract or like any other transaction with property where a new persons legal interest is recorded? If it is not recorded then it is your landlords problem because until it is recorded so your legal interest in the property is public information then your are just a tenant! I think very little of landlords who sell via rent to own because most of the time it does not work very well for the person who wants to buy it AND many times when something big goes wrong like say a furnace needs replacement or a roof the Landlord often expects his /her tenants to fix it yet if that rent to own tenant breaks the lease or doesn't pay the landlord will evict them just like any other tenant . NOW on to your bigger problem , getting the water on first I gotta ask , what did your electric company tell you as to WHY they altered your account with out hearing from you ? second if that house is still titled to your so called friend it really is his/ her problem if it has no water because at this point any one can call your city / county and especially if you have kids they can drop a dime on you for living with out water and when they learn you aren't on the title them guess what they can condemn the house as not fit for you to live in so you will have to move out. SO I suggest you get the one you did this crappy thing called rent to own with to contact a lawyer and have the lawyer review the deeded access to that well and send that other owner a nasty gram that in short tells him he has to turn it back on and if he turns off the water again that he will be sued.
 

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