Legal Question in Real Estate Law in Arizona
We are on a shared well with 2 other parties. In the course of installing a new line to one house, our house's water got cut off. Our lines have always worked fine (never leaked). Do we have a right to call a plumber to fix the problem and bill the other parties (who both worked together on the line that knocked our water off)? We want our water on as soon as possible and they are dragging their feet about trying to fix it. We have been without water for four days now!!!!!! Thanks for your help.
2 Answers from Attorneys
Yes, you can take action to minimize the damages caused by their construction. They are responsible for damages to your property and cutting off your water. It is best if you can get them to work with you cooperatively, which means that you should talk to them at once and try to get them to understand that they must work with you and get your water back on, or you will fix it yourself and go after them for the damages.
All of you should have a Shared Well Agreement that spells out rights and obligations among the users. If you don't, you should, because many problems can arise re. improvements, maintenance, extensions, etc., and the costs can far exceed the cost of an Agreement. We have experience with SWAs, which are common.
Please contact my office via my website at www.CleverLegal.com to discuss your options. Your issue may be time-sensitive and may result in loss of rights if you do not act in time. Thank you.
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