What is my recourse regarding a community well that is being shut down?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my recourse regarding a community well that is being shut down?
I purchased a home approximately 2 years ago in a small development with a community well. Now I have just received a registered letter stating the community well is going to be shut down and anyone who has been using it must drill there own well. At the present time I cannot secure a loan to drill my own well; it will cost approximately $10,000. What are my legal rights?
Asked on June 22, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you have some contract guarantying you water from the well, you can enforce that contract against the other party to the contract (e.g. whomever runs the well) and seek to compel them to continue providing water or to pay you compensation for any breach of contract. But without a contract, you have no right to water from the well: there is no inherent legal right to continue getting anything (e.g. water, gas, oil, etc.) from the same supplier or source and only have whatever rights a contract, if any, gives you. So unless you have an enforceable contract, you will need to find some other water source, such as your own well.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.