Can I have the power to an adjacentproperty turned on in my name if I pay the electric bill but don’t own the property?

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Can I have the power to an adjacentproperty turned on in my name if I pay the electric bill but don’t own the property?

I have a shared well. It is in my deed that I have rights to water as well as the right to keep and maintain anything needed to use the water at the well. The property I share the well with is a renter property. When the property is vacant and power is shut off we don’t have water. Can I have the power turned on in my name and pay the bill until it is rented to someone else? We are looking into having our own well dug, but it costs a lot and we haven’t saved up enough yet. Looking for options for the meantime.

Asked on February 7, 2011 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When I first read the intro to the explanation I thought: are they kidding me?  But as I read further in to your explanation I thought: of course they should be able to.  I would, though, bring the deed to an attorney to review but as you state it here, I would think that what you want to do falls under your right to "keep and maintain" the well.  May I ask: do you contribute to the electricity charges when the property is rented?  How does that work with the owner of the land?  These questions bring up issues that concern me so discuss what you should do with the attorney also.  You should have another agreement in place to cover this matter for the future and until you can get a well of your own.  Then when you do make sure that you relinquish rights to this well as the owner of the other property may then come after you for repairs, etc., in the future.  Good luck.


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