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Plumeria77 · Feb 7, 2012, 08:52 PM

We purchased a home 2 months ago. It has a well on our property where we assumed only serviced our home. About a month ago our new neighbor came by and advised his water is low and has no water in the mornings. He then revealed we share a well and he wants to pay for someone to come look at it. The old owners of our house placed a block valve on closing day to stop/limit water flow. We allowed the block be removed to regain water but now the neighbors 1) want us to sign a contract to register with deeds office (which old owners refused to sign since 1996) 2) pay us an estimate of $5/mo for usage. Is this legal? I've never heard of sharing a well and charging utilities. Plus the old owners failed to disclose this info which has been going on for decades. My neighbor built my house and his that's why the well is connected. It "was cheaper at the time." Help.

Fr_Chuck · Feb 7, 2012, 09:46 PM

If there is nothing on the deeds of either property, no easment or other agreement, you do not have to allow them use of the well. And it is worth much more than 5 dollars, Locally here water bill is closer to 30 a month ( not counting sewer) So if you do allow them usage of water, I would want 20 to 40 dollars a month. And make the agreement only for a year or two, since value of water may get a lot more in 10 year or longer. But I would not make it on the deed, I would just make it a contract that you can cancel with certain notice. Or I may do it for 6 months to allow them time to dig their own well.

No sharing wells is common in some areas, esp if the houses were built by family members who latter sold them

AK lawyer · Feb 7, 2012, 09:55 PM

Originally Posted by Plumeria77

... now the neighbors 1) want us to sign a contract to register with deeds office (which old owners refused to sign since 1996) ...

This suggests to me that the parties at the time were aware that the neighbors had no right to get water from the well, but instead were allowed to do so at the pleasure of your prececssors in title. Do not sign such a contract unless you are paid a fair price for the perpetual right to use the well..

kitashea · Feb 7, 2012, 10:52 PM

Don't sign! Your neighbor may have a lot of water usage which can drain your well. You would have to dig a new one and I don't know how much land you have or if it would pass inspections for a new well. Also wells are expensive to repair if pumps are damaged and 2 houses are going to put a lot of strain of your well. Contact a lawyer about the nondisclosure. I don't think something like that is legal. Were I live pump costs several hundred dollars plus water line, boots to cushion the line, bladder tank, wire and the drilling. You are looking at THOUSANDS to replace your well if you are required to do so. If it goes dry there is no guarantee you will find more water either. You should draw a contract that allows usage for a month or 2 till they get one drilled. You said they key"My neighbor built my house and his that's why the well is connected. It "was cheaper at the time." " its still cheaper. FOR HIM!

Plumeria77 · Feb 8, 2012, 05:26 AM

Thank you everyone for a response. The well pump was replaced 3 yrs ago when they ran out of water. They drilled more and tapped into the aquaphor. Supposedly we should never run dry. Neighbor is a contractor and states the previous owners were horrible to get along with. Idk why they never drilled their own well and save the hassle. They have $$.

AK lawyer · Feb 8, 2012, 06:14 AM

Originally Posted by Plumeria77

... They drilled more and tapped into the aquaphor. ...

Any water well taps into an aquifer. The fact that your well went dry would mean that the aquifer had gone down, requiring that the well be extended.

ScottGem · Feb 8, 2012, 10:41 AM

I'm going to disagree here. If the neighbor built both houses and installed a shared well at the time, I think a case can be made for adverse possession. The neighbor screwed up by not including an easement when he originally sold the house. But since both houses have been using the well since construction it would appear that there is a tacit right.

I would definitely talk to a real estate attorney about this.

Since the seller did not disclose this issue, you should be able to sue the seller for your costs in resolving this. Also your title insurer may cover it.

AK lawyer · Feb 8, 2012, 06:40 PM

Originally Posted by ScottGem

... Also your title insurer may cover it.

That is doubtful unless there was something in the public record mentioning the well.