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Shared well question

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NewBean

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

There are 3 property owners that use an easement to access our properties. The easement runs down the side of the front two properties and then stops at the last home's property line.

The front and back homes have been here since the 60's and our home (middle house) was built about 1.5 years ago.

These 2 older homes share a well that sits on my part of the easement. My parents are in one of these homes.

The well being on our property doesn't really bother us. We knew it was there when we built our home. We drilled our own separate well.

The other home (that isn't my parents) has been changing hands pretty much since we started building. It is currently standing empty and in the process of foreclosure. It was supposed to be auctioned last week, but it looks as though the bank bought it back.

One of the problems this has caused is that we have been unable to sign a road maintenance agreement or a well maintenance agreement with the property owner. I know this won't be a problem with Mom and Dad, but worry about the new neighbors. I especially worry about liability in regards to the well.

I would like to untangle the situation somewhat. We are almost positive that Mom and Dad are the one's paying for the electricity on the well pump. Also, The other home has a well on the property. It is attached to the shop, but it is a well.

So here is my question. Is it possible to somehow get the unknown neighbors out of the picture concerning the well? The foreclosure house will need renovation, and will most likely be either torn down or brought down to the studs. Would it be a big legal deal (and within our rights) to ask them to hook the house up to the other well?What is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
While you set up a consultation with a real estate atty and the one house is empty it would be a excellent time to have your folks shut off the main breaker for the house and open a faucet and let the water run to see if it stops or not .( do your parents have a pressure tank in / under the house ? ) Also it would be a good time to learn where for maint purposes if your parents have shut off valve that cuts off only that house. It also is a good time to see if the other home has any thing written that is tied into your parents title work about supplying this other home with water from the shared well. This way with the home empty the only home disrupted by figuring out where the valves all are and no water is your parents home. BTW check with zoning at your county govt center to learn if they did tear down or gut the home to a specific amount would local zoning code require them to have a individual well.
 
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