Legal Question in Real Estate Law in Washington

Water well on my property by mistake

My neighbor drilled a well on my property thinking it was on his.

Can he now enter my property to decommission or is it now mine??


Asked on 2/07/07, 11:30 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Water well on my property by mistake

The issue of whether your neighbor now has the right to enter your property is different from the issue of whether you now are the owner of a well.

Your neighbor has no right to enter your property for any purpose - drilling wells, decommissioning wells, littering, or mowing your grass. Its not his property, so he has no right to be there.

When did you discover the activity? When did you first learn that you now have a well on your property?

There is a principle in WA called adverse possession, which essentially says that if someone "claims" some part of your property and you do nothing about it for a period of time (seven to ten years) then they own that property.

The well belongs to you and he has no right to use it, decommission it, or anything else without your permission.

I would strongly suggest that you contact a local attorney who understands real property issues and take him all the information you have on this well and your property boundaries and your neighbor's conduct and decide what your objectives are before you do anything else.

Hope this helps. Powell

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Answered on 2/07/07, 12:03 pm


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