Question:
I am connected to a well that sends water to 4 homes sprinkler systems. Each of us contributed to the installation of the well many years ago and have had time slots for the past 10+ years. One of the neighbors would like to switch to a more desirable time slot but the neighbor with the desired time slot doesn’t want to switch. Can the neighbor be forced to switch or rotate after all these years? The neighbor who has the desirable time slot said they may consider leaving the well and installing their own well if the neighbor who wants the slot buys them out the amount they originally paid. The neighbor who wants the time slot doesn’t feel that this is a fair option either. Thoughts please.
Answer:
Answer from Horav Yosef Fleishman shlit”a.
According to what we understand the sprinkler installer set it up this way. There was never any particular agreement between anyone. That being the case
it was never really split it and you should make an arrangement now – ignoring all what happened in the past. The reason is that splitting into times is a form of division of a partnership and in order to be effective one has to make a kinyan (see Pischei Choshen Shutfim chapter 3 footnote 64) and if no agreement was made noone made any kinyan.
