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?
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?