Shared well obligation/ New Mexico
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Shared well obligation/ New Mexico
I would like to know if my neighbor has the right to “cut off” our water supply if we do not pay 1/3 of the monthly bill. 1/3 of the bill is not in our favor but that is what they are demanding from us. The well is on their property,but we lived in our house 7 months prior to them moving into theirs. There were no specifications in our closing documents regarding legal aspects of the well, just that we had a shared well. We have been paying what we think is fair for the bill,but they want more and we don’t feel it’s fair since there are 7 people living in their house and 2 in ours.
Asked on May 18, 2009 under Real Estate Law, New Mexico
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Ahh, well law. Well (forgive the pun) this may be something that requires a declaratory judgment by a local court or something your state may actually regulate directly by statute.
Let's see: It appears shared well regulations may be covered by subdivision rules within your county.
Review the Water Rights section from the Office of the State Engineer. http://www.ose.state.nm.us/water_info_water_rights.html
Also try the New Mexico Attorney General's office: http://www.nmag.gov/
Since I don't know the county where these properties are, I cannot locate the specific regulation.
If none of these sources help, try www.attorneypages.com and look for an attorney.
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