I bought property with a shared well with seller. Seller frequently shuts off supply to our property. Is seller breaching contract?

Asked by Ortizn, North Carolina Mon Oct 3, 2011

Seller is a known felon and habitual Methamphetamine user, unbeknownst to us at time of closing- a character flaw. Seller, out of spite, has frequently shut off water supply to our property( mobile home park). The shared well is located on seller's property, which we have legal access to.( our properties border each other ). Each time we discover the water has been shut off, we contact the sheriff's department and request they escort us out of fear that seller may do something in retaliation to our presence. Seller has in the past verbally threatened to poison the well if we did not monetarily contribute to paying a family member's utility bill. The property was purchased in April, we moved onto the property in late June and since July, the seller has been trespassed twice, arrested once,and has shut off the water supply seven times, each time the sheriff has been contacted and incidents recorded. Question is, has the seller been breaching the contract? Note: we pay over $900 monthly.

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Anna M Brocco, Agent, Williston Park, NY
Tue Oct 4, 2011
As for breaching the contract--since you are asking a legal question, it's really in your best interest to consult with an attorney who specializes in real estate; have all related paperwork reviewed and see what options you may have...
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Dan Tabit, Agent, Issaquah, WA
Mon Oct 3, 2011
If your contract calls for a free, uninterrupted water supply then yes. The question is, what can you do about it? Your answer will probably come from some time spent with an attorney. What has the Sheriff's office said? If they don't have advice for you, then an attorney will be your next best bet. Sorry for your difficulty.
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