- Jurisdiction
- New Jersey
Hi everyone,
My wife and I purchased our home one year ago. At the time we were aware that the house had a shared water well with the house next door. When the sale was happening the well water failed for high nitrates, and the sellers were required to install a treatment system, which they did. At that point the house was cleared to close, and we did.
Fast forward to this past summer. I had planted some grass seed, and I used the sprinkler to water the area. After about 30 minutes the next door neighbor came outside to inform me that he ran out of water, and that we can't use sprinklers because the well can't support it. He is the original of the house, and he stated that the well has never been able to support a sprinkler in his over 50 years of ownership.
The above noted incident prompted me to investigate the well issue a bit further. First of all the well is 100% on my neighbors property. After looking over our deed and title policy, there is NOTHING mentioned about the well. So at this point I assume that I really don't have the right to the water?
The biggest reason why I am concerned is that my neighbors house is far sale. I get along with him very well, but who knows what the new people will be like. His house is large (over 3,000 sq ft), and I fear that a big family may move in...laundry and showers!! The new owners may also not like the fact that they must share something that is on their own property.
So......
1. Can the neighbor legally cut off my water supply?
2. Do I have any legal recourse?
3. Did my lawyer make a mistake in not "catching" this?
4. Were the sellers required to provide a legal source of water?
5. Is there any action that I can pursue against the sellers?
6. Do I have any other options besides drilling my own well, which will run in excess of $10,000?
Thank you,
G
My wife and I purchased our home one year ago. At the time we were aware that the house had a shared water well with the house next door. When the sale was happening the well water failed for high nitrates, and the sellers were required to install a treatment system, which they did. At that point the house was cleared to close, and we did.
Fast forward to this past summer. I had planted some grass seed, and I used the sprinkler to water the area. After about 30 minutes the next door neighbor came outside to inform me that he ran out of water, and that we can't use sprinklers because the well can't support it. He is the original of the house, and he stated that the well has never been able to support a sprinkler in his over 50 years of ownership.
The above noted incident prompted me to investigate the well issue a bit further. First of all the well is 100% on my neighbors property. After looking over our deed and title policy, there is NOTHING mentioned about the well. So at this point I assume that I really don't have the right to the water?
The biggest reason why I am concerned is that my neighbors house is far sale. I get along with him very well, but who knows what the new people will be like. His house is large (over 3,000 sq ft), and I fear that a big family may move in...laundry and showers!! The new owners may also not like the fact that they must share something that is on their own property.
So......
1. Can the neighbor legally cut off my water supply?
2. Do I have any legal recourse?
3. Did my lawyer make a mistake in not "catching" this?
4. Were the sellers required to provide a legal source of water?
5. Is there any action that I can pursue against the sellers?
6. Do I have any other options besides drilling my own well, which will run in excess of $10,000?
Thank you,
G