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Share Well Agreement

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thelmacox

Junior Member
What is the name of your state (only U.S. law)? Oregon, We have a shared hot water (geothermal) well with our neighbor. The well agreement was written around 1960 and states each partly are equally responsible for maintenance and repairs of the well. This well originally had one hot water loop. About 7 years ago the neighbor dropped another loop into the well but the well agreement was never amended. A few months ago our loop started leaking and we had it fixed. We then had an attorney look at the well agreement that said both parties are equally responsible for the well. If the neighbor’s loop would leak, we would be responsible for half just like they are responsible for half. If this is so, then we want the neighbor to pay their half. We are in the process of going to small claims court. With the information you have, do you thin we will win? Is there something we don't know in the law as they think they will win?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Oregon, We have a shared hot water (geothermal) well with our neighbor. The well agreement was written around 1960 and states each partly are equally responsible for maintenance and repairs of the well. This well originally had one hot water loop. About 7 years ago the neighbor dropped another loop into the well but the well agreement was never amended. A few months ago our loop started leaking and we had it fixed. We then had an attorney look at the well agreement that said both parties are equally responsible for the well. If the neighbor’s loop would leak, we would be responsible for half just like they are responsible for half. If this is so, then we want the neighbor to pay their half. We are in the process of going to small claims court. With the information you have, do you thin we will win? Is there something we don't know in the law as they think they will win?
**A: there is a good chance you would win.
 

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