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Water Well Easement and Leaking Water Line

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  • 11-14-2013, 05:59 PM
    krnl
    Water Well Easement and Leaking Water Line
    My question involves an easement in the state of: Virginia

    My property was subdivided from another property in 1992. An existing water well (40 feet deep) serving the other property is on my property and an easement was created to allow the adjoining property owner to maintain their well. A separate well (40 feet deep) was bored approximately 50 feet from the existing well, and the newer well serves my property.

    The adjoining property owner has since had an Artesian well installed at approximately 480 feet deep. The "existing" well is now used only to water his property and drain down the aquifer that serves both bored wells. The neighbor has a chip on his shoulder about the previous owner subdividing and building my house. There is no reasoning with the guy.

    Now, the existing well to which the other property owner has an easement has started leaking. It leaks enough that the ground is saturated above his water line to the point that there is standing water even though there has been no rain in weeks. This leak on his water line has drained the shared aquifer to the point that my well only yields about 50 gallons of water per day. I have a family of 7.

    Do I have any recourse?
  • 11-14-2013, 06:32 PM
    jk
    Re: Water Well Easement and Leaking Water Line
    In all reality, unless he has some massive leak and his pump is running 24/7 and it is a very large well, I just can't see him actually causing you much of any problem. Given the leak is underground, I just cannot imagine his well causing you the problems you are experiencing.

    Quote:

    Do I have any recourse?
    Apparently 40 feet is just below the static water depth. Regardless of what he is doing, I suspect you will need a new, deeper well in the very near future. I would plan on that.


    food for thought: what do you think your recourse would be if he fixed the leak but used the well enough to cause the same condition? There is nothing preventing him from doing just that.
  • 11-14-2013, 06:46 PM
    krnl
    Re: Water Well Easement and Leaking Water Line
    Yes - his pump is running 24/7. Not sure what happened, but it started about a month ago.

    I agree that it would be nice to drill a new well, but who has $15,000 just lying around?

    Thanks for your response.
  • 11-14-2013, 07:10 PM
    LandSurveyor
    Re: Water Well Easement and Leaking Water Line
    Quote:

    Yes - his pump is running 24/7. Not sure what happened, but it started about a month ago.
    So he probably hasn't seen his new electric bill yet. When he does things may change quickly.
  • 11-14-2013, 07:10 PM
    jk
    Re: Water Well Easement and Leaking Water Line
    I agree that it would be nice to drill a new well, but who has $15,000 just lying around?
    [/QUOTE]well..some people do. Others know how to borrow money. Others have my sympathy.


    there is one possibility I can think of. Excess water damages (kills) grass. If the leak is such that it would damage your land or plants, you should be able to get a court order requiring him to stop the water from drowning everything, and if you are damaged after he was aware of the leak, pay you for any actual damages to your land.

    As I said, there is really nothing to stop him from opening a spigot on his property and let 'er run but maybe common sense would set in and he realize it gets real expensive allowing a pump to run 24/7.


    Just to be certain; he does pay for the electricity to run the pump, correct?
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