Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My neighbor drilled a well by accident on my property. He now wants to enter the property to decommission the well. Is the well now mine and he can he trespass with equipment to do the work?”Why does your neighbor want to decommission the well? If it’s solely for your benefit, then just saying “no, thanks” should be sufficient, since it would save him the time and expense.
Question: If he’s got some reason of his own to do it, I would need to know what that is before I could answer your question. Ordinarily, one cannot trespass (cross onto the property of another without permission) unless there is some overriding reason to do so-such as to save life or property.
