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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110512
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a shared well agreement. The well is on my property,

Customer Question

I have a shared well agreement. The well is on my property, but power is from his property which he pays. We had a verbal agreement that he would pay the electric bill for pump because I spent over $10,000 to repair and upgrade system on my property. I just won a small claims suit for $3,500+ and he went on a long vacation and turned off his power. I and my family 3 more have no water. I will try to have an electrician install a temporary 220 volt line to the pump this weekend to restore water. What recourse do I have in this situation as he is doing it be cause of the suit that I won.
JA: Thanks. Can you give me any more details about your issue?
Customer: No, but we need water to our home within a few days before the storage tank runs dry.
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Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have a shared well agreement, the other party cannot deny your access to the well anymore than you can deny him the water. If he has left and cut off water, you would need to file an emergency suit in the superior court, not small claims (since small claims does not have the authority), to get an emergency injunction to turn the power back on for impairing your rights to the shared well and to get a court order to make the power company turn on the power and if he does not pay the bill, you could return to court to get another judgment to force him to pay the bill. You can get to court now with an emergency petition for injunction and for breach of the shared well agreement to get the power back on immediately and pursue damages against him for breach of that agreement.

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