Sharing Water

[Tinaduncan74]

What is the name of your state? Georgia

We have just purchased a home, we closed Aug 31. We just found that the home across the road if using our water. Apparently the home we bought previously belonged to her in-laws, but since has passed through several other owners. She has made no attempts to discuss her using our well, which uses our electricity to run. My husband and I do not feel that we should have to supply her water. She has lived in her home for 11 years, plenty of time to have a well drilled. We feel that this opens us up for a lawsuit, if the water becomes contaminated she could sue us. What would be the correct approach for us? We don't want to cause problems, we do have to live here. We have contacted the realtor and she says she will contact the owner but have had no response so we do not know whether she has or not.

Please Help!!

 

[nextwife]

Does your title report show any recorded well agreement, easement, or other reference to shared water usage?

 

[IndianaOwner]

Why not just turn off the pump when you are not at home? I think she will get the hint to drill her on well.

But first, talk to her and see why she hasn't drilled her own well already? If it is just cost, work out a timeframe when she has to drill her own well or request payment of $10/month or something.

I understand your concern to not have to provide her with water, but so now, I wouldn't let it bug you too much.

 

[nextwife]

Why not just turn off the pump when you are not at home? I think she will get the hint to drill her on well.

But first, talk to her and see why she hasn't drilled her own well already? If it is just cost, work out a timeframe when she has to drill her own well or request payment of $10/month or something.

I understand your concern to not have to provide her with water, but so now, I wouldn't let it bug you too much.

The poster had better FIRST determine that there is no recorded shared water/well agreement before she starts turning things off. It's time to pull out the title report and read through it.

 

[IndianaOwner]

The poster had better FIRST determine that there is no recorded shared water/well agreement before she starts turning things off. It's time to pull out the title report and read through it.

I assumed that from the preious reply post...

 

[Tinaduncan74]

Actually we spoke with the closing lawyer and he said there was no record of a shared well.

 

[IndianaOwner]

I think they should pay you an $ per month...that would be fair. If they don't see the reasonableness, then...

 

[CraigFL]

When you figure the $/mo, don't forget to include some costs for the extra wear on your well pump. And then there is the problem of whose responsibility the piping is....

 

[danno6925]

Not something for you to draft alone. Have an attorney draft the agreement, and close all the loopholes for you.

"Learn from the mistakes of others. You'll never have time to make them all yourself."
Danno's Dad

 

[Tinaduncan74]

We had discussed charging her a set amount. Should we also include something about not being at fault if the water is contaminated.

But I guess my real question is that if nothing is in writing are we required to give her a grace period or can we just cut her off? I know not neighborly but neither is using something without permission.

 

[seniorjudge]

Send her a certified letter, return receipt requested.

Tell her that she is trespassing but that you will give her until [name a date about 180 days down the road] to have her own well drilled. Tell her that the pump will be cut off at midnight on that date.

Then do it.

 

[Tinaduncan74]

Thank you So much. I will do it today.