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Art Todesco Art Todesco is offline
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Default shared well mess

On 12/22/2018 9:44 PM, dpb wrote:
On 12/22/2018 7:29 PM, trader_4 wrote:
On Saturday, December 22, 2018 at 4:01:30 PM UTC-5, dpb wrote:

...

This fella' here shoulda' never brought the property without first
getting a legally-enforceable agreement on the water rights and
expenses...if he wanted the property badly enough to forego that, then
as you say, he should just plan on either a major legal battle to
establish those rights for what will continue always be a bad situation
or just "bite the bullet" and drill his own well and be shut of it.

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+1

And he's not in a good position now, because the most expensive part of
the system, the well, is on the other people's property.Â* I doubt he has
a leg to stand on legally.Â* They bought their property, well included.


Not great, but I'd guess that probably since the situation was existing
when he bought the house and that part of the system is actually in his
house on his property that he could manage to obtain such a state but
lacking much sign of cooperation from the other part, it could easily
end up costing more in legal fees without an absolute certainty of
success than just drilling the well would be.

Why folks walk into these situations is hard to fathom...what were they
thinking when signing a contract under such a situation when clearly
they knew all about it...

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Why not just cut off power to the well at the times you know the guy is
going to use it. Then, negotiate!