Ibrahim al-Nakha'i (may Allah have mercy on him) says that a mule fell into a well. The dispute was brought to Qadi Shurayh (may Allah have mercy on him). Amr bin al-Harith said: "O Abu Umayyah, is anyone liable for a well?" He said: "No, but Amr bin al-Harith is liable, because his well was in a place to which he had no right."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الديات / 16396