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Share well rights in NC

Discussion in 'Easements & Right of Way Law' started by Teresa Ramsay, Aug 2, 2019.

  1. Teresa Ramsay

    Teresa Ramsay Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    I bought property which has a well that I share with my neighbor. The well is completely on my property and I pay for the electric My neighbor refuses to help offset any cost of maintaining and running said well. He has rights to the water deeded to him on file, but no other agreements. He says I have to share and I can't make him do anything because he doesn't have to. Is there any way to force him to drill his own well? Or refuse him use until he pays for or agrees to help with upkeep in some way?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Probably not.

    That would certainly be illegal and result in you getting sued.

    Then the first thing you do is a search of the county records and get copies of the deeds that involve your property and his.

    There may be something in there that obligates him to share expenses. If there is, you can sue him for payment.

    If you aren't comfortable with doing a deed search, hire a lawyer.
     
  3. zddoodah

    zddoodah Well-Known Member

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    We know nothing about what the relevant documents and deeds say. However, given your statements that the neighbor has a right to use the well that arises from a deed and that "there are no other agreements," I suspect you already know the answer.
     
  4. Teresa Ramsay

    Teresa Ramsay Law Topic Starter New Member

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    So then the question is:
    I'm planning to sell the property, and I. In the process of moving out. I will be shutting the water to my house off this winter if I still own the place. I will leave the electric on, of course, but I have no intention of shoring up the wellhouse or protecting the lines any further. If something breaks, whose responsibility is it to fix? What rights does he have to enter my property to take care of the water source he has a right to use? And should I worry about his rights being violated if the well breaks when I'm not there?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    There's no way anybody here can speculate on who has "rights."

    I'll repeat what I wrote earlier:

    Or would you rather wait until you get served with a lawsuit to figure it out?
     
  6. zddoodah

    zddoodah Well-Known Member

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    And I'll repeat what I wrote:

     

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