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10-19-2008, 04:01 PM
| | Junior Member | | Join Date: Oct 2008
Posts: 1
| |  Shared well agreement not upheld
What is the name of your state (only U.S. law)? California
We are the property owners with a shared well agreement with the neighboring landowner. We purchased one year ago. The agreement states that the other party will reimburse us for usage of electricity to run the well to their property, within 10 days notice of bill. This also was to include a $100 deposit for security on non-payment.
This said, there has been NO payment to date nor a deposit made. The landholder refinanced several months ago as "owner-occupied" to protect their investment in the house. They have never lived in the home. The problem is that they are renting the home out to a large extended family with an agreement that the renters do not pay water usage nor trash. (which is another post in itself.)
The renters have been there for 3 months. I call the owner monthly to let her know what the bill is. The monthly average has increase $100 based upon the previous one year of our usage, with renters sharing the well.
First, do we have a right to refuse water until payment is made? Second question, what are our options under Ca shared well agreement if no one pays for the other property?
This is causing considerable tension as there is no meter on the well. The agreement stipulates that any changes must be made by both parties. They do not agree to adding a meter.
Final question would be: Will this agreement carry over if the home is sold? There is no clause for this topic within the agreement.What is the name of your state (only U.S. law)?  |
10-20-2008, 03:18 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 71,453
| | Quote:
Originally Posted by HorsesRwe  What is the name of your state (only U.S. law)? California
We are the property owners with a shared well agreement with the neighboring landowner. We purchased one year ago. The agreement states that the other party will reimburse us for usage of electricity to run the well to their property, within 10 days notice of bill. This also was to include a $100 deposit for security on non-payment.
This said, there has been NO payment to date nor a deposit made. The landholder refinanced several months ago as "owner-occupied" to protect their investment in the house. They have never lived in the home. The problem is that they are renting the home out to a large extended family with an agreement that the renters do not pay water usage nor trash. (which is another post in itself.)
The renters have been there for 3 months. I call the owner monthly to let her know what the bill is. The monthly average has increase $100 based upon the previous one year of our usage, with renters sharing the well.
First, do we have a right to refuse water until payment is made? Second question, what are our options under Ca shared well agreement if no one pays for the other property?
This is causing considerable tension as there is no meter on the well. The agreement stipulates that any changes must be made by both parties. They do not agree to adding a meter.
Final question would be: Will this agreement carry over if the home is sold? There is no clause for this topic within the agreement.What is the name of your state (only U.S. law)? | **A: is the well agremeent recorded on title? | |
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