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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41038
Experience:  Texas Attorney for 30 years dealing in real estate
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We own a piece of property next door to my Mother and

Customer Question

We own a piece of property next door to my Mother and step-father. We share a well. My mother passed away and now he is claiming he is the owner of the well and wants to cap off our water. We have receipts where we have paid for the new pump and controller for the well. Can he disconnect us?
JA: What state are you in? It matters because laws vary by location.
Customer: Arizona
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.

Unless this has been set out in a deed, or well sharing agreement he can cut it off.You can sue him for the cost of parts or repairs here in small claims court.Long term you are likely going to have to drill your own well.Please don't shoot the messenger.

Unless you have a written agreement or it was included in the deed you can can use here in small claims for the money you have put into his.But he can cut off the water and force you to drill your own well.Arizona does not protect you as far as cutting off the water unless something is in writing.Please don't shoot the messenger here.

Expert:  Ray replied 11 months ago.

The most you can ask for in a small claims case is $3,500 (Small Claims Division); $10,000 (Justice Court).

Expert:  Ray replied 11 months ago.

Your local court will have the forms you need to file this yourself without a lawyer called pro se.

I appreciate the chance to help you tonight.Thanks again and the best.

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