Shared Well use

[RBCampbell]

What is the name of your state (only U.S. law)? I live in Florida and 8 years ago when my neighbor and I were building our homes, we decided an irrigation well would be needed to water our lawns. We flipped a coin and the well ended up on his side of the property line. Our agreement was that he would power the well and I would repair & maintain it when needed. Flash forward 2 years. My neighbors got divorced and moved out, leaving the home in bankruptcy. I ran temporary wire to power the well and watered and maintained the lawn and well. A Bank purchased the home and I rewired it back to the neighbors home because my power was not up to code. New folks moved in and recently the well stopped working. I went over to their home and showed them the agreement that I would repair the well if it was broken. He told me that it was his well and that he didn't care if it is broken. BTW, they don't care for the home or yard so they don't even water their grass so he feels he doesn't need the well. I offered to repair the well, run power to it and continue to maintain it for the future. He basically told me "too bad". Now my yard is dying, I have no way to run my irrigation system and I have $1800 invested in the well that is on his property.. Can I take him to small claims court and have any reasonable chance of suing him for my portion of the cost for installing the well. As it stands now, I'm going to have to spend $3000 to have another well installed. I have all of the documentation showing that I paid half and the receipts and schematic from the well company that was given to each of us when we had it installed. AlI i want to do is use the well. I'll pay for the power and maintenance but he says no. Any advice?

 

[Ohiogal]

What is the name of your state (only U.S. law)? I live in Florida and 8 years ago when my neighbor and I were building our homes, we decided an irrigation well would be needed to water our lawns. We flipped a coin and the well ended up on his side of the property line. Our agreement was that he would power the well and I would repair & maintain it when needed. Flash forward 2 years. My neighbors got divorced and moved out, leaving the home in bankruptcy. I ran temporary wire to power the well and watered and maintained the lawn and well. A Bank purchased the home and I rewired it back to the neighbors home because my power was not up to code. New folks moved in and recently the well stopped working. I went over to their home and showed them the agreement that I would repair the well if it was broken. He told me that it was his well and that he didn't care if it is broken. BTW, they don't care for the home or yard so they don't even water their grass so he feels he doesn't need the well. I offered to repair the well, run power to it and continue to maintain it for the future. He basically told me "too bad". Now my yard is dying, I have no way to run my irrigation system and I have $1800 invested in the well that is on his property.. Can I take him to small claims court and have any reasonable chance of suing him for my portion of the cost for installing the well. As it stands now, I'm going to have to spend $3000 to have another well installed. I have all of the documentation showing that I paid half and the receipts and schematic from the well company that was given to each of us when we had it installed. AlI i want to do is use the well. I'll pay for the power and maintenance but he says no. Any advice?

Who wrote the agreement? Was it written to bind ANYONE who bought the house and thus made as a deed restriction on the property or was it just written on a piece of a paper? You may very well end up with having to purchase a new well because your contract may not be (and probably isn't) enforceable against the new property owners. Take it to an attorney to be certain. And how did you rewire it from the neighbors to you and back again without breaking the law?

 

[RBCampbell]

I wired the well with conduit just dug under 6 inches from my power box to the well and powered it until the bank took it back. At that time I simply rewired it back to the power to the other home which is to code (36inches deep) I'm sure I'll have to dig a new well since he is being unresponsive but my question is can I sue him for 1/2 of the cost of the well if he refuses to let me use it. Again, I have all of the documentation showing I purchased the well with the former owner. I don't want to waste my time and money going to court but if I paid for half and have maintained it for the last 8 years then I think I should be entitled to recoup my cost for the installation.

 

[STEPHAN]

If all you did at that time was to sign a piece of paper, you are completely out of luck. This is just not the way you do agreements regarding property.

This is not your well.

You should have used somebody like a lawyer or a title company who knows what they are doing.

 

[RBCampbell]

If all you did at that time was to sign a piece of paper, you are completely out of luck. This is just not the way you do agreements regarding property.

This is not your well.

You should have used somebody like a lawyer or a title company who knows what they are doing.

I guess that's a lesson learned. Thanks!

 

[Ohiogal]

I wired the well with conduit just dug under 6 inches from my power box to the well and powered it until the bank took it back. At that time I simply rewired it back to the power to the other home which is to code (36inches deep) I'm sure I'll have to dig a new well since he is being unresponsive but my question is can I sue him for 1/2 of the cost of the well if he refuses to let me use it. Again, I have all of the documentation showing I purchased the well with the former owner. I don't want to waste my time and money going to court but if I paid for half and have maintained it for the last 8 years then I think I should be entitled to recoup my cost for the installation.

So you trespassed ... lovely. You have major issues and no claim to the well. Consider what you paid to be rent.

 

[TheGeekess]

Gee, OP, didn't like the opinion you got down the street?