[nc] Builder And Well Company Placed Well On Neighbors Property
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My wife and I had a modular house built in NC. The builder was atrocious, and the well-digging company did their job but dug the well about 8 feet off our property, not where the flags were placed. When we were building, there were stakes and flags on the lot already, and the builder was confident that the lines were legit and that we shouldn't need a survey (there is an email stating this). The neighbors had a survey done last October, and those lines are not legitimate. Earlier this year, we had a survey done, confirming that the neighbor's survey was correct.
When the neighbor's survey was performed, and we noticed the well on their property, we immediately contacted them, and all agreed on how to proceed. Since then, the neighbors have changed their minds, become more angry, and want more money for the land around the well. They have also stated that we owe them a daily rental for the well. I don't know how legal that is. We're not sure what changed, but emotions are running high.
We have hired an attorney to help us file a claim against the builder and the well-digging company. The attorney has advised us to stop communicating with the neighbors. However, the neighbors have asked us to respond to them before the end of this month. Our attorney knows this but still feels we should hold off on talking to them because they think the neighbors may want to sue us if they contact them on our behalf. The attorney suggested we wait until the builder's claim is completed before we do anything with the neighbors. I get this, but the claim will not be rectified this month. We worry the neighbor will want to sue us if we don't contact them or decide we can't have the well.
I want to get someone else's opinion on handling the neighbors. This home build has been extremely stressful, and we are still dealing with the aftermath. We've had issues with our attorney that caused us to question their advice.
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