Legal Question in Real Estate Law in Florida

Well situated on adjoining property

The well for my house in Melbourne, FL is adjacent to my property. My daughter is currently living in the house while attending college. Our neighbor has informed her that he is capping off the well in 30 days. The well is just over the property line on his property and has been there for 25+ years. Can he legally do this? Can he legally cut off the water to property that he does not own while someone is living in the house? We don't think there is anything in the deed refering to this well.


Asked on 5/22/02, 11:53 am

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Well situated on adjoining property

I recommend that you contact a local attorney in your city/county that is familiar with the local government agency or department that may have control and decision-making authority over issues relating to your problem. Try calling the appropriate local government office to learn how best to proceed, and perhaps it will guide you to the appropriate lawyer, assuming the services of a lawyer become necessary. Good luck.

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Answered on 5/22/02, 11:59 am
David Slater David P. Slater, Esq.

Re: Well situated on adjoining property

Your facts are not to clear but he cannot prevent you from a reasonable use of the underground water flow. However,you may have to dig your own well on your property to get to the water.

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Answered on 5/22/02, 2:52 pm


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