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Well sharing agreements are more common than you might expect! These types of agreements allow neighbors to share a well along with the costs for electricity and maintenance.
How does a shared water well work?
How does a Shared Well Work? A Shared Well most commonly involves adjacent homeowners who elect to share the water of a single private well. The water rights are outlined in a legal document called a Shared Well Agreement.
Is shared well agreement?
A Shared Well Agreement is a contract regarding the drilling, maintenance, and use of a well. As a contract, the Agreement’s core provisions must properly identify the parties, properties, well and water distribution system, maintenance liabilities, easements, and registered water rights, if any.
What is the average lifespan of a water well?
Proper well design addressing current and future costs can save owners money. The design of a water well should reflect a consideration of its cost during the entire life of the well, typically from 25 to more than 100 years.
Do wells have clean water?
Though driven wells are cased, they can be contaminated easily because they draw water from aquifers near the surface. These wells draw water from aquifers near the surface. Drilled wells have a lower risk of contamination due to their depth and use of continuous casing.
How many years should a well last?
While people might say well’s life expectancy should be between 25 and 100 years, there’s no way to give an exact answer. However, we can calculate a reliable estimate of your well’s life expectancy if we know more about the type of well and conditions where the well might be located.
What is a well easement?
An easement would give you, and any subsequent buyers, the right to have your well on the neighbor’s property and to access the property in order to maintain the well. An easement can be created without the need to involve surveyors and the county.
What does shared water mean?
Shared water system means a water system that serves or is intended to serve two living units or commercial structures.
Can a well be right on the property line?
And according to the deed the well may actually be right on the property line. The 1959 deed further states that the water rights will remain with the property in perpetuity. The weird thing is that the paragraph that spells out the water rights did not carry over to subsequent deeds for the subsequent owners.
What can I do about a bad neighbor using my property?
Ask a lawyer – it’s free! I do not give legal advice over the web, but I have outlined some issues you might want to consider. 1. I assume the bad neighbor’s use started before you purchased the property. If the use was permissive, you may have the right withdraw permission.
Do water rights carry over to subsequent deeds?
The weird thing is that the paragraph that spells out the water rights did not carry over to subsequent deeds for the subsequent owners. Another lawyer that I spoke to said that usually a paragraph like that does not carry over. It is just nice to know that I have a legal right to my water.
How much does it cost to sue to drill your own well?
As a practical matter you could potentially spend multiples of $10,000 on litigation if the stuff eventually hits the fan and still end up drilling your own well. And there’s always a chance, when you eventually go to sell your property, that potential buyers will be smart enough to figure out that the well is not on the property.