well

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donna bagnall
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well

Postby donna bagnall » Tue Apr 19, 2011 5:37 pm

We own a well with our neighbour who has just recieved a letter from the junta to say this is not legal?

We had the well legalised at a cost of course and when they came to ratify this they said 2 people annot own one well?

they have said one person will need to be cut off and they will check that this has happened, they will want to know where the 2nd person is getting there water from

we paid almost 12000e 6 years ago for the well

any info would be appreciated
thanks

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annfoto
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Re: well

Postby annfoto » Tue Apr 19, 2011 6:06 pm

I think a few more details are required.
Is it an Artesian well ie. a bore hole going down 100m or so or is it a seep well ie 2 or 3 m diameter going down about 10m?
Whos' land is it on?
If you paid for the well to be drilled or dug why has your neighbor got the use of it?
Ann

donna bagnall
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Re: well

Postby donna bagnall » Tue Apr 19, 2011 7:40 pm

its the first one u mentioned

well is on our neighbours land as when we had house built the builder just asked for money for well

we later learnt that we had paid 11000e for 1 well

well was bored on neighbours land

she had it registerd some time ago and when they went to ratify told her only 1 person could own the well ??

we have been ripped off a number of times in spain over the past 8 years

thought we had got to the end of the line ? obviously not

have emailed our lawyer to see how we stand

bottom line is cut of one of us or apply for a new well

no money left in the pot :(

thanks

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anis
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Re: well

Postby anis » Wed Apr 20, 2011 8:19 am

We have use of an artesan well. It is on my neighbour's land but written into my escitura that we have permanent use of it, as well as the neighbour.

I suspect that the land next door originally belonged to my plot and this is how it happened to be that way. I am fairly sure that ours was the main plot and some of the land was later segregated into smaller parcelas after the father's death, hence the well disappearing from my plot.

We have never had any problem with this system. The well was there when we bought our property and made clear to us that we could use it any time. There is a subsidary well I can use too though much smaller than this deep bore well. We all have a good supply so we dont bother with this one.

In fact, I think my neighbour lets other folk use the water for their land too and there has never been a problem with that either - there is plenty for everyone.
So, legally, my neighbour and I both own the well I suppose because it is written on to our two escituras.
This conflicts with the information you are being given, doesn't it ?

frank
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Re: well

Postby frank » Wed Apr 20, 2011 12:18 pm

anis wrote: We have never had any problem with this system.
Neither had the OP until now! :D Perhaps they haven't gotten around to you yet! :) If the Junta is correct in saying it's illegal for two to share a well (never mind all the neighbours) then perhaps it's one of the many things they have turned a blind eye to in the past, but pursuing it now they are desperate for money.
Regards, Frank

No soy residente, simplemente un turista, ¿qué sé yo?

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anis
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Re: well

Postby anis » Wed Apr 20, 2011 12:25 pm

oops - never thought of that, Frank, but I dont think it is applicable in that none of us need this water for our houses - it is only used on the land. We are all on mains water.
Do hope OP can get this sorted out, good luck with it.

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annfoto
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Re: well

Postby annfoto » Wed Apr 20, 2011 1:18 pm

donna bagnall wrote:We own a well with our neighbour who has just recieved a letter from the junta to say this is not legal?

We had the well legalised at a cost of course and when they came to ratify this they said 2 people annot own one well?

they have said one person will need to be cut off and they will check that this has happened, they will want to know where the 2nd person is getting there water from

we paid almost 12000e 6 years ago for the well

any info would be appreciated
thanks
Have you actually seen this letter? Can you get a copy of it?
The thing that makes me suspicious is that she decided to legalise a well drilled and paid for by you on her land (presumably with her permision).
What did your neighbor do for water before you drilled the well?
Ann

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country boy
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Re: well

Postby country boy » Wed Apr 20, 2011 1:51 pm

The entire conurbations of Pizarra are fed from one borehole (via an Aljibe I admit), so perhaps a deposito in the system might placate?

katy
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Re: well

Postby katy » Wed Apr 20, 2011 8:31 pm

Most wells in andalucía are illegal unless there is paperwork from the appropriate dept. I did some work for a magazine (not about wells) but a distraction was the information that there are an estimated 500,000 illegal wells in Spain. Not so much of an issue now but when the drought comes....

donna bagnall
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Re: well

Postby donna bagnall » Mon Apr 25, 2011 9:00 am

we have a licence for the well we share with our neighbour. Have only just realised that when she registered the well she only put it her name, wondering if that coulc be the problem? will have to wait and see what the lawyer says today as the junta is saying he wants a response by wednesday of this week. fingers and toes crossed


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