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Shared well

Discussion in 'Easements & Right of Way Law' started by Kritter316, Mar 21, 2018.

  1. Kritter316

    Kritter316 Law Topic Starter New Member

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    Oregon
    We have a shared well with first rights. We take care of everything for this shared well. Power is in my name, all maintenance is done by us, and we make sure there is always water in the holding tank that feeds all 4 properties. My question is this, if one of the properties does not help with any of these things can I shut off the water to the property? It needs to be known that the property just got auctioned of in a foreclosure auction, but no one bought it.
     
  2. army judge

    army judge Super Moderator

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    Before you take any adverse action, I suggest you read the deed or document that grants water rights to all parties.

    Water is more important to sustaining human life than is food.

    If you inhibit, prohibit, or restrict water to flow to one of the three named parties, you might find yourself facing some harsh sanctions.

    In fact, I suggest you speak with an OR licensed lawyer familiar with property rights, or property law.

    Most lawyers will provide a free initial consultation, however, even if the lawyer were to charge you $500 (for an hour of time); it would be much less than a government sanction or fine.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Almost certainly not. Doing so would put you in crap city.

    If your shared well "rights" allow you to be reimbursed by the other property owners for their share of the expenses, then your recourse is likely a lawsuit in small claims court if they don't pay.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Not sure what "with first rights" might mean, but it sounds contrary to the notion that the well is "shared."

    I have no idea if you have that ability, but I doubt that's what you meant to ask. Whether it would be legal for you to do so obviously depends on the documents governing this "shared well."

    If "no one bought it," then it may have gone up for auction, but it didn't get "auctioned of [sic]." Also, what property are you talking about, and why does this "need[] to be known" in relation to the issue with the well?
     
  5. Kritter316

    Kritter316 Law Topic Starter New Member

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  6. Kritter316

    Kritter316 Law Topic Starter New Member

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    I guess it needs to be known that the people living there are now squatters, so they have no rights to the properties water.

    First rights means that if there is a drought or a reason the water ends, my property is the last one to lose water and the first one to get it back.
     
  7. Kritter316

    Kritter316 Law Topic Starter New Member

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  8. adjusterjack

    adjusterjack Super Moderator

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    Somebody still owns the property and the squatter issue is between the owner and the squatters. Even if you think you know what is going on, you really don't so don't take the risk of shutting off the water to the other property. Could come back to bite you.
     
  9. army judge

    army judge Super Moderator

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    I have no dog in your fight.

    Whatever you do will have no impact upon me.

    Bon chance ...
     

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