Can i turn the water off that is coming from my well to two other homes for non payment and breach of well agreement? Vail , AZ

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I am the owner of the well and the property it is on the well agreement clearly states all parties to pay 33 &1/3 for the electric to bring water up. No irrigation and proper lines no temporary lines I have one party that had irrigation installed and all lines on his property chewed and running pump to the well constantly burning it out , i have sent T.E.P bill well over one thousand to him he will not help pay can I end the shared well agreement ? or turn water off ,the well agreement was not with him any way he purchased his home five years ago. I own the property since 2008 and my parents before me. I know live on the property and the shared well agreement existed with my parents an two others so a total of 3 people on the shared well agreement. Thank you . Yvonda 520-668-5146

Attorney Answer

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David W DegnanReal Estate AttorneyPhoenix, AZ ·
Thanks for your note, Yvonda. The legal ethics rules prohibit attorneys from contacting you directly. You have to call the attorney first. You are describing the remedy of self help. This is a dangerous remedy because it carries significant legal consequences if you are wrong. Well issues are generally very technical. Start with a demand letter. If that doesn't work, the next best step is to take legal action to have the co-owners pay what they owe. Also, look in the shared well agreement to see if there is an alternative dispute resolution or a mediation clause. This may provide a quicker forum to resolve your dispute. Of course, an attorney would need to read your shared well agreement before proceeding in this matter. Good luck!
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