Neighbors well on our property

[NewBean]

What is the name of your state (only U.S. law)? Idaho


Almost 6 years ago we purchased an acre from my parents and built a home on it. When we did the lot division, we just had them logically split the lot into 2 rectangles. After a while it occurred to me that we may have created a problem for ourselves.

Our property has a 20 foot easement down one side that both properties use to access our homes. At one end in the easement near the property line (but still on our property) is the well that my parents use and maintain and own as far as I know. We have our own well near our house.

My parent's well is interesting. Above the ground is a 5x5 or so cement slab. It has a square access cut into it that is covered. Under the ground is basically a room that has power (wired to their house power) and well pump I think (I've never been down there). You use a 5-6 ft ladder to get down into the room for maintenance, etc.

Its inevitable that at some point in the future (maybe far off, maybe in the next 5-10 years) one of us will move.

The situation is fine for now. But if either of us move in the future, it could cause problems, so it would be better to get this figured out now.


Do I need to worry about liability? If in the future we have new neighbors and someone hurt themselves maintaining the well, could I be sued?

Do we need to draw up some sort of document about the well ownership and maintenance?

Am I worrying needlessly? Are there any other issues that this situation brings that I have missed?

 

[FarmerJ]

IS there some reason the well was sited on this other property or did it just work out that the well happens to be in your parcel after this split ? I see your options as 1 the other home gets new well 2 you grant a easement to the other parcel for that well. 3 adjust lot lines trading some property so that well would be part of that parcel and you would get a equal amount in trade from the other lot. ( side question here , how deep does one have to go in your area to get potable water ? )

 

[NewBean]

Well is close to the lot line (within 20 feet I think) and is already within an existing road easement that runs along the side of our property. We told the survey company doing the lot split where our acre was to start (another neighbors property) and to give us 1 acre. The well was just on the wrong side of the new lot line.

The well is 60 feet deep and was dug in the mid 60's. So you don't have to go to terribly deep around here for potable water.

My parents are retired and I would not want to put the unexpected financial burden on them to dig a new well.

The lot line adjustment is a possibility, but would cost at least $500 or so if I remember correctly. But if it were to fix the liability problem it would be worth it. However, our lot has to stay at 1acre or things change and we have to do a subdivision. So we would have to give them some in that area and take some at another spot along the lot line.

So the easement Seems like it might be the easiest solution. But the well is already in an easement. So do we just need to alter the easement to include the well ( including the maintenance and liability )? And would it truly transfer the liability if some crazy person came by and fell into the well hole? Maybe even a repairman?

 

[FarmerJ]

If your concerned about strangers having access to open it and fall in then maybe a good choice would be to find say a set of metal doors ( you have seen old houses that have this at a angle trap door that you pull up then hook to _____ and theres a set of stairs that leads to another door that goes to the basement? my grammas house in NE mpls had them, for things like carrying out laundry to hang, they kind of look like storm cellar doors used in some parts of tornado land If something like that were mounted over the well entry and padlocked and keep the keys your self (if parents sold) then who is gonna go into it with out anyone knowing? as far as easement goes you could I suppose have it worded so some time down the road any one else who buys has a restriction, should the well fail, dry up, or say sand point plugs or city water comes thru (if a sand point was used) then the easement expires that way your parents can sell and a new buyer can use that well until such time and I suppose a attorney could even write it up so any entry onto your land to access the well must have written consent.

 

[154NH773]

Easements always have the potential for future mis-understanding and problems between neighbors, so the ideal solution would be to trade portions of property to get the well on the other piece. Unfortunately you already have an easement on your property, so you would not be eliminating an easement by trading properties. In your case I would do as farmerJ suggested and simply write an easement for the well that has some limitations or conditions for future elimination of the well.

If you can do something to eliminate the access easement along with the well problem, that would be the best solution.