I own land that contains a well (which furnishes water to my house). The well also provides water to a neighbors house (the land and houses were originally owned by one family (father and son). The son had it put in his deed that water could be used from the well.

Question: Since I now own the land and well, what are the restrictions on charging the neighbor for water use (I have maintained the pump and well for several years with no funding from the neighbor). The neighbor was using the house as a vacation home and was not a big drain on the well, however, he has now decided to rent the house which will more than likely increase the water usage significantly. What are my options if any? Thanks

What is the exact wording in the current deed?
This might be tough for the owner (you) if they go to court over it. I would draw up a contract for sharing costs or charging costs. I'd start with a polite letter to the neighbor saying that it is only reasonable after all these years of bearing the costs that weren't too high, and that you would like to get together to draw up an agreement. Go to a lawyer if he balks.

This will all depend on the wording of deed covenant that allows the other house to use water from the well.

Quote:

---

Originally Posted by drought

I own land that contains a well (which furnishes water to my house). The well also provides water to a neighbors house (the land and houses were originally owned by one family (father and son). The son had it put in his deed that water could be used from the well.

Question: Since I now own the land and well, what are the restrictions on charging the neighbor for water use (I have maintained the pump and well for several years with no funding from the neighbor). The neighbor was using the house as a vacation home and was not a big drain on the well, however, he has now decided to rent the house which will more than likely increase the water usage significantly. What are my options if any? Thanks

---

What does the paperwork say? That's what matters.