Legal Question in Real Estate Law in Indiana

Re: Community well needs repair but provider won't do it.

I am uncertain whether the church could be held to be a "utility" in terms of state law. You might want to contact the State Utility Commissioner for assistance. Unless there is a covenant running with the land (which would be found in an old deed or even your present deed or by a separate filing in your county recorder's office), I doubt the Church could be compelled to continue to supply you water.

I assume you do not live in an incorporated community, but in a rural-type area that is not within any city or town limits. If the original deed for the land to the church and/or for your individual lots or properties specify that the well is to be for common use, then the Church could be forced to supply water as in the past out of a new facility.

Otherwise, if it has merely been a convenience supported by the church, it is questionable whether it is an enforceable obligation of the Church. If, on the other hand, the only available water supply is located on the Church's land (i.e. if you drilled on your own property you would not find water), then the Church can be compelled to continue to be the source of supply.