Question pertaining to well water use

[ashcaity]

We have owned out home for 14 years. At the time we purchased out home part of the purchasing price of the home was for 1/2 of the water well located on our neighbors property. We have the papers from the State Engineer stating we own half of the well and water rights. The problem: The home that we share the well with was recently sold and the new owners said we CANNOT use the well and cannot come on their property to turn it on. We have checked at the local courthouse and there was never an easement filed as the original owners of both these homes had this agreement. We have had to go to the expense of drilling our own well and was wondering if we had a chance of winning if we sue for the expenses involved in the drilling of the new well. We tried to work out an agreement but they will not budge. The cost of the new well with everything will be about $2,000.00. Would it be best to go through small claims also? Thanks

 

[Tracey]

Small claims is cheap and easy. Go for it. You might want to consult with a water rights atty or a real estate lawyer to help prepare....

Also, you've been using the well for 14 years, so you might have some rights under adverse possession. You may also be able to sue the guy who sold you your house or the neighbor for failing to record the easement. Talk to the rea estate lawyer.

Good luck

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 18, 2000).]