[eichenluft]

I moved into a beautiful 1780 farmhouse 3 years ago, knowing that the farm's well (owned by myself, on my property) is shared by the 2 homes next door. Many years ago, when these other homes were built, they were inlaw homes to the people living in my farm. So being family, they shared the well with only a cursory fee applied per extra home per year ($12.00 per home per year). This amount is written in the deed for all 3 homes. 3 large homes on large acreage, all zoned for livestock/agriculture, all lived in by families, all sharing one well (my well, owned by myself and on my property. The other two homes are now owned by non-family members, and they pay me $12 per year each, to use my well, my water, my pump, my electricity to run the pump.
Also written in the deeds for the two neighbor homes, is that they can only use the water for in-home use only (ie showers, washing machines, drinking). They cannot use the well for outside use (watering plants, gardens, livestock, washing vehicles etc). Of course they do use the well for outside use - they each have hoses which they use for everything normally used outside - one neighbor even has an above-ground pool, horses, and kennel dogs.
My question is, is it possible to change the deeds to reflect a more reasonable fee per year to use my well? If so, how do I go about doing that.

Thank you -

[LisaB4657]

In order to change the provisions of the deeds you and the other owners would have to reach an agreement and put that agreement in writing. Then that agreement would have to be recorded in the same office where the deeds are recorded.

I suggest you speak to a real estate attorney. They can contact the neighbors and inform them that they are violating the current agreement and that a new agreement needs to be made. Once the terms are completely negotiated then the attorney can draw up the new agreement, get it signed by everyone and have it recorded.