If a well is on my property but another residence is connected to the same well, can I disconnect the water to their residence?

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If a well is on my property but another residence is connected to the same well, can I disconnect the water to their residence?

Asked on August 5, 2015 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Possibly, but not necessarily: it depends upon whether your neighbor has an easement to draw water from your well. If he or she does, you are not allowed to disconnect them. If there is no easement, then you likely can disconnect them, but there are still some facts that may prevent you from doing so, such as if your neighbor has contributed to drilling or maintaining the well.

The best thing to do would be to consult with a real estate attorney before acting; the attorney will know how search for any easements and also how to verify whether there are any other facts or circumstances which may prevent disconnecting.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Possibly, but not necessarily: it depends upon whether your neighbor has an easement to draw water from your well. If he or she does, you are not allowed to disconnect them. If there is no easement, then you likely can disconnect them, but there are still some facts that may prevent you from doing so, such as if your neighbor has contributed to drilling or maintaining the well.

The best thing to do would be to consult with a real estate attorney before acting; the attorney will know how search for any easements and also how to verify whether there are any other facts or circumstances which may prevent disconnecting.


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