Q: i need a real estate lawyer than can help me with a some one cutting off my well water, that is on my property
two properties were owned together , a home and a business. there is a well that supplied the business for 50 yrs, the home im not sure if it still supplies or how long it did. i know its a case for prescriptive easment at the very least, also in my mortgage or title work there is a paragraph that states that what supplied the property could not be taken away. on my investigation of the property im 99.9% shure the well is on my property. the neighbor seized control of the well before i moved in by putting a big metal container, boxcar , over the well blocking any access and fence. dealing with this has tapped me out and i need a real estate attorney that would help on a percentage. hes liable for whats its cost me which is $150,000 - $200,000 in my investment and lost revenue over this last year. pls any that has a referal pls contact me im in lakeland, fl
A: First, the adjacent owner's liability to you is probably not the full value of the property you bought. Lost rents, and other damages in a tort claim may be available in addition to an equitable action quieting title to the well. Practically speaking, you might consider exploring the cost of having a new well drilled on your property that you can control exclusively. Zoning, space limitations, and the water table may or may not allow it, but it may be less costly than hiring a lawyer to regain access to the well on the adjacent parcel. If you can't drill a new well, you'll have to find a real estate lawyer experienced in quiet title actions and easements. I would budget at least $5,000 for an early resolution in a lawsuit. Otherwise a lawsuit may run upwards of $30,000 if contested. There may or may not be fee-shifting to recover the cost of the lawyer from the neighbor. Good luck!
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