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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11882
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I have a frustrating situation: Three years ago my family and

Resolved Question:

I have a frustrating situation: Three years ago my family and I moved out of a property we were leasing. We all love the property which is a log home on 40 acres in the Missouri Ozarks. Due to going through a separation and impending divorce, It become possible and very desirable to return to our home in the Ozarks. This time as a single father with five young children in tow. The property I am leasing shares a well with the adjoining property. The property I am leasing is deeded 2/3 ownership of the well while the adjoining property is deeded the remaining 1/3rd. The 2/3rd owner always paid the operating costs and the 1/3 owner maintained the well house and minor upkeep of the well. Major expenses where divided according to ownership share. During my original term as tenant here the adjoining property changed hands. The new owner did not understand the shared well arrangement as was dissatisfied with being required to share "her well" (her words) with someone else. Somehow she was able to convince the local Electric Cooperative to put the electricity for the well in her name. She then would come around once a month and demand payment of "our share" of the electric for the well. She also erected an electrified fence around her property including the well house and installed a gate at the entrance to her property. When I moved away three years ago, the new owner of the adjoining property attempted to buy this property from my landlord. My landlord refused to sell and subsequently leased the property to other tenants. During the last three years there have been two different tenants on the property, and neither paid anything towards the operating cost of the well. My landlord is more than willing to pay the outstanding electrical usage however, the other owner (lets just call her "crazy lady") submitted a hand written statement demanding over $3000 for "maintenance and improvements" to the shared well. She is either unwilling or unable to provide receipts or documentation to substantiate her statement of account. Obviously, being a sane person, my landlord refused to pay her. Crazy Lady then offered less than $1000 to buy their share of the well "so they could drill their own well" (again her words) which they also promptly refused. Words were exchanged and Crazy Lady was asked to leave the property and not return. As her final act of vengeance, she immediately turned off the water supply to the home I am now occupying with my children. I do not believe she acted within her rights and certainly not within the bounds of common decency. To add insult to injury, both the local court and the sheriff have refused to intercede, telling my landlord to get an attorney. Unfortunately an attorney wants $1500 up front to take the case and petition the court for a resolution and claims that it will take "at least two weeks" after he is paid for a judge to review the petition to force Crazy Lady to turn the water back on. My landlord doesn't have the ready cash to pay the attorney and neither do I. This is a ridiculous situation. We love it here and aren't willing and cannot afford to move away again. I just want to raise my kids in this place, the best way I can. Isn't there ANYTHING that can be done? I'm hauling water two miles from the creek just to flush our toilets and buying drinking and washing water at Wal-Mart.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Scott, My name is XXXXX XXXXX I will be glad to help,

 

This is an issue which can only be resolved by the Court and if the woman is as crazy as you say she is, you want to have a Judge ordering her to do what she is supposed to do. If you and your landlord cannot afford a lawyer, please click on the link below which will take you to a list of organizations which offer free and low cost legal representation:

 

http://apps.americanbar.org/legalservices/findlegalhelp/freehelp.cfm?id=MO

 

I am sure that a competent lawyer can file a Petition and get a hearing on an emergency basis if he tells the Judge that you have 5 children and living without water in the house is unsafe,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11882
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Andrea, Esq.
Andrea, Esq.
Attorney
1170 Satisfied Customers
I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.