Shared well obligation/ New Mexico
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Shared well obligation/ New Mexico
I would like to know if my neighbor has the right to “cut off” our water supply if we do not pay 1/3 of the monthly bill. 1/3 of the bill is not in our favor but that is what they are demanding from us. The well is on their property,but we lived in our house 7 months prior to them moving into theirs. There were no specifications in our closing documents regarding legal aspects of the well, just that we had a shared well. We have been paying what we think is fair for the bill,but they want more and we don’t feel it’s fair since there are 7 people living in their house and 2 in ours.
Asked on May 18, 2009 under Real Estate Law, New Mexico
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Ahh, well law. Well (forgive the pun) this may be something that requires a declaratory judgment by a local court or something your state may actually regulate directly by statute.
Let's see: It appears shared well regulations may be covered by subdivision rules within your county.
Review the Water Rights section from the Office of the State Engineer. http://www.ose.state.nm.us/water_info_water_rights.html
Also try the New Mexico Attorney General's office: http://www.nmag.gov/
Since I don't know the county where these properties are, I cannot locate the specific regulation.
If none of these sources help, try www.attorneypages.com and look for an attorney.
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.