Legal Question in Civil Litigation in Florida
property rights
My mother shares a parcell of land with her ex inlaws and the property is subdivided there is well on my mothers side of the property that both parties use but the electric to run the well is on my mothers bill so today she cut the power to the well because she can no longer afford such high electric bills over them using water the cops were called and they told her she would go to jail if she didn't turn it back on based on statue 812.14 on my florida website what is the best way to handle this matter.
1 Answer from Attorneys
Re: property rights
If the well is on her property, the well should be hers. The neighbors pipes accessing her well are not permissable unless there is some type of easement that has been granted. I would make sure that there is nothing in the deeds or any prior agreement that gave the neighbor the right use the well. Generally speacing, a neighbor has no right to use the well on your property. I don't see that the statute would aply. They will need to consult with a lawyer though to see about the best way to disconnect the neighbors from her well. They should not try to do it without a lawyer's help. Someone will need to examine the title and subdivision documemts to make sure they have the right to discontinue providing access to the well.
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