No shared well agreement

[MRP]

What is the name of your state (only U.S. law)? Arizona - We are in escrow to purchase a foreclosed home. The home inspection, septic cleaning and termite inspection are done. This home and 4 other lots are on the same well. Two lots are vacant, two in foreclosure and one home owner still there. This same arrangement is repeated on several other streets. There is no shared well agreement recorded. The owner of the only home occupied thinks there was a well agreement, but cannot find it. The lot the well is on does not have a home on it at present, but this lot is now under a different name than the owner who put these wells in. The selling broker and listing agent feel we should get a
shared well agreement - but the person who had the well put in and sold the lots does not answer his phone. Can the new owner come in and take our right to the well away from us. What can we do to get a well agreement? We have been looking for over a year, really want this house. Thank you!!

 

[FarmerJ]

Have you talked to the one who is still there to see if they know who is paying the electric bill to keep that well running ?
Perhaps the two of you can speak to the same attorney when you arrange a consultation?

 

[MRP]

Well Sharing agreement

thank you Farmer for your advice. I have learned a little more about this mess. The house that is occupied, he is the well "manager". He has been paying the electric bill since the other two houses started into foreclosure. There is no money in the well acct for repair. The well is 2 years old, the water quality has not been checked. The well is on the acre lot next to the "manager" and that lot has gone into foreclosure and now is owned by
the person who had the land originally (but he did not put in the well). My real estate agent contacted the new owner who said he was willing to sign a well sharing agreement with me. We have pulled up Pinal County records and cannot get the title policy as the company has merged with another and there are not even sure if they have it in storage. So, I could end up being the only person on the street who really has a well sharing agreeement. Would that make me the only person liable if the pump broke down. The other foreclosed home is almost ready to go up for sale. Did think about just buying and waiting until they move in and see if we all could not negotiate a well sharing agreement with the new owner together. Sure could use some advice from others who have shared well agreements.

 

[FarmerJ]

It appears most who post about this subject are doing so because of a lack of any kind of agreement or vaguely written ones. I can suggest to you to learn abit more, like where is the pressure tank ? does each lot have its own water line that runs all the way to the pressure tank /well? Does each home have its own stop valve? if so where are they and who has access ? Does this well have its own electric meter or is it on one homes meter ? Did your county require a copy of a well sharing agreement to be given to it when the former owner first split it up in order to build ? Also a well written agreement can also address what steps the well sharing group can take if if one party refuses to repair its water line if it leaks. A agreement can also spell out when a lots right to use the water could end like say if city water and sewer became avail and city/county ord dictates that any home with a septic system failure must hook up to city water& sewer due to septic system repairs not being allowed any more. Theres all kinds of things Im sure a real estate atty can help address including things like say one party doing something to change its use to be way way more than the others OR how the group could go about installing water meters and what formula would have to be used to have them pay for cost related to how much they use. ANYWAY those are things a atty can best assist with.