well

A hole dug in the earth in order to obtain water. In a deed, well designates the portion of land under and occupied by the excavation, and its surrounding retaining walls, and by any structures or appliances built upon the land to facilitate its use, and also the water actually at any time in the excavation; Davis v. Spaulding, 157 Mass. 431, 32 N. E. 650, 19 L. R. A. 102. The owner of the estate has a right to dig in his own ground at such a distance as is permitted by law from his neighbor’s land; he is not restricted as to the size or depth, and is not liable to any action for rendering the well of his neighbor useless by so doing. See Cliesley v. King, 74 Me. 170, 43 Am. Rep. 569; Subterranean Waters; Waters; Collins v. Gas Co., 131 Pa. 143, 18 Atl. 1012, 6 L. R. A. 280, 17 Am. St Rep. 791.

n. A well, as the term is used in a conveyance, is an artificial excavation and erection in and upon land, which necessarily, from its nature and the mode of its use, includes and comprehends the substantial occupation and beneficial enjoyment of the whole premises on which it is situated. Johnson v. Rayner, 6 Gray (Mass.) 107; Andrews v. Carman, 13 Blatchf. 307, 1 Fed. Cas. 868.

1, n. An artificial excavation and erection in and upon land, which necessarily includes and comprehends the substantial occupation and beneficial enjoyment of the whole premises on which it is situated.' A person has a right to dig a well on his land for water for his own use, although the effect may be to dry up the spring of a neighbor. But if he acts in bad faith, he may be liable in damages.* Making dry a well by taking lands for a public use constitutes an element of damages for which compensation must be made.* See Appendage; Grant; Land; Water. S, adv. Agreeably, suitable, adequately, fully; properly, legally. ' Thus, a demurrer admits such facts as are well pleaded, that is, properly pleaded.' A bill may well be brought as an original bill.'' A power is sometimes said to be well executed.' A jur.y is sworn to well and truly tiy the issue. Well knowing charges knowledge in a defendant to an action on the case. See Bad, 2;

rt. A well, as the term is used in a conveyance, is an artificial excavation and erection in and upon land which necessarily, from its nature and the mode of its use, includes and comprehends the substantial occupation and beneficial enjoyment of the whole premises on which it is situated. Johnson v. Rayner, 6 Gray, 107, 110.