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If it's in a deed that you & the neighbor share a well, can…

Customer Question
If it's in a...

If it's in a deed that you & the neighbor share a well, can they tell you that you have to drill a well or they are shutting off your water rights?

Lawyer's Assistant: Where is the property located?

Gouverneur NY

Lawyer's Assistant: Has any paperwork been filed?

No he just sent my son a notarized letter that he was shutting the water off come April 1st. This is my property for one not my son's. My son just lives there.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so. I just need some advice if this legal.

Submitted: 12 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/21/2017
Real Estate Lawyer: Loren, Lawyer replied 12 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,865
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
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Real Estate Lawyer: Loren, Lawyer replied 12 months ago
Is there any written agreement regarding the terms of the shared well?
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Customer reply replied 12 months ago
It's been in the deed since the 1800's. I have owned the property for close to 20 yr's .
Real Estate Lawyer: Loren, Lawyer replied 12 months ago
Thank you for the additional information.
Absent any written agreement providing otherwise, the neighbor can not unilaterally terminate your well rights without some cause or showing of abuse on your part. Send a written response to the neighbor demanding they not breach your deeded water rights
If they do not comply, you can sue the neighbor to get an order preventing any interruption of your water rights.If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Real Estate Lawyer: Loren, Lawyer replied 12 months ago
Did you have further questions? Please let me know if I have answered your question.
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Real Estate Lawyer: Loren, Lawyer replied 12 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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