Legal Question in Civil Litigation in Missouri

i bought my house in 2001 i'm on the same well as my 2 other neighbors. i've lived here the longest. when we had the house built i had to buy 1/3 of the well so i can hook up to the well. the well sits on my one neighbors( joe) property. they bought the house last year after the bank foreclosed after the old owner died.my one neighbor is

fighting with the other one ( dave ) about them not paying their share of the electric (we all agreed to 25.00 dollars a month so we could build a nest egg so if something happens to well we have some savings to help offset the bill) so we got a bank account in all three of our names and set it up so it has to take two people to get money out . well the one neighbor ( dave ) has only been paying 10.00 dollars a month. so the one neighbor (joe) wants to put a fence around the well since it sits on his property and turn their water off. i told him i didn't know if that would be legal or not. if he does can he keep us out of the well house or turn our water off ?would we be tresspassing when dealing with the well. i'm playing middle man between the clowns ( joe and dave) since i have lived here the longest . what should i do? thank you. mike


Asked on 12/08/10, 7:35 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Under the facts you described, it apepars that you have an easement to use th ewell. You may wnat to hire alocal attorney to examine yrou agreement and payemtn history, and write letter to HJoe, telling him that he would be responsible for your damages if he tries to deny you the water and use of the well. If he persists, you may have to gpo to court to hav eth eeasement made a part of the land listing for Joe's property. If you cannto prove up the agreement, you may have to enter into a new agreement to buy water from Joe, or find another source. But, as long as the electric bill does not exceed $75 per month, it is unlikely that Joe will ignore a well drafted letter from an attorney.

Good luck

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Answered on 12/14/10, 9:07 am


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