Legal Question in Civil Litigation in Michigan
Shared residentual water well shut off by other user.
I have a rental property that uses a shared water well with a neighbor. The well is on thier property and they shut off the water to our property. The well has been shared for over 16 years. We have renters with two small childern in our property. The police says that it is illegal for them to shut it off, but no one will do anything. I need to know what I can sue the neighbor for to get the water turned back on for my tenents. We have been paying fifty dollars per month for elctricty used by the well. They sent us a letter saying that they were going to shut it off Oct,1st.,and I wrote them and told them that we were advised by the Sheriff that it was ilegall to shut it off and that if they don't turn it back on that it would cause a public sefty health hazzord. They shut it off anyways.
Can you please help us,so we can get water back for this family. Thank You Lance
2 Answers from Attorneys
Re: Shared residentual water well shut off by other user.
You probably need counsel for this one, because what you have to do is go down to the local court and get an injunction. This will force them to turn on the utilities until whatever dispute is underlying this problem can be resolved. It's an unusual problem and will require statutory research, but you shouldn't go into court without it, because it is highly unlikely that the court will be up to speed on the law in this area. It's worth paying someone to do the research immediately and get it dealt with on an emergency basis.
Re: Shared residentual water well shut off by other user.
You should get a local lawyer to obtain an injunction requiring the well to be turned back on. Bill Stern 248-353-9400