What is my recourse regarding a community well that is being shut down?

UPDATED: Oct 1, 2022

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What is my recourse regarding a community well that is being shut down?

I purchased a home approximately 2 years ago in a small development with a community well. Now I have just received a registered letter stating the community well is going to be shut down and anyone who has been using it must drill there own well. At the present time I cannot secure a loan to drill my own well; it will cost approximately $10,000. What are my legal rights?

Asked on June 22, 2018 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have some contract guarantying you water from the well, you can enforce that contract against the other party to the contract (e.g. whomever runs the well) and seek to compel them to continue providing water or to pay you compensation for any breach of contract. But without a contract, you have no right to water from the well: there is no inherent legal right to continue getting anything (e.g. water, gas, oil, etc.) from the same supplier or source and only have whatever rights a contract, if any, gives you. So unless you have an enforceable contract, you will need to find some other water source, such as your own well.

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