Well water in exchange for driveway access?

[CuriousCitizen]

What is the name of your state (only U.S. law)? North Carolina:

I have a tricky situation. I am purchasing a house from a family member. The property it is on was once a large piece of property that has since been divided, some sold, and some belonging to other family members. The first part of my (soon to be, hopefully) driveway is on my cousin's property. My well supplies water to his garage (the old family business) and my house. He is considering selling and wants a formal arrangement. I supply and pay for water (electricity) for right to use the first half of my drive. I'm not thrilled with this proposal because of the possible damage to my well resulting in broken lines or other issues which could potentially cost thousands in repair. Also, free water for life for the use of an existing road which I need to maintain seems like I'm not really getting anything but cost out of a permanent agreement.

 

[justalayman]

I'm kind of wondering what would happen if you fell into financial difficulties and your electricity was turned off. Would he block your access?

 

[CuriousCitizen]

Me too!

What happens if the well does break and I don't have the means to repair it right away? I'm all for getting this worked out, but I don't think the agreement is fair enough. As long as he owns it, I'm okay with status quo.

 

[LdiJ]

What happens if the well does break and I don't have the means to repair it right away? I'm all for getting this worked out, but I don't think the agreement is fair enough. As long as he owns it, I'm okay with status quo.

I don't think its particularly fair either.

 

[FarmerJ]

So would you have any other route to get in and out with out this driveway on his land ? ( could you reach water with a shallow sand point well there ? see Im curious what he would be using the water for , so if it was only a toilet and sink then a shallow well could suffice other wise (the cost of one in exchange for either easement or selling to you a strip of land ) if you refuse ( Id be nervous that some one in the future would do things like leave faucet on or use the well in a way not spelled out like maybe a new owner deciding to let someone live in the garage or fought so much with a spouse that they decided to live out there meaning showers , laundry , cooking ect and not care only because you agreed in writing to supply water for use of driveway ) does this cousin understand that even though it would involve the courts that if you have no other way to get to your property but over his /her land that you sue for a easement ? ( gotta ask just who it was that divided up this land with out planing for access ?- someone set this up to pretty much land lock your home if there is NO other way )

 

[justalayman]

I would strongly suggest some other agreement. If you look around the forum here you can find all too many situations where a shared well turns into a nightmare situation. I like farmer's suggestion of a shallow driven well if it is adequate for the needs of the business building. Relatively inexpensive and with it being on the other property and connected to their electricity, well, it's their well to maintain and pay to run.


as was also suggested, you may have a right to force an easement upon them but that can get pretty expensive for both parties quite quickly.


better to attempt to negotiate a solution. That way both parties are happy and it is likely to be cheaper in the end as well.

 

[CuriousCitizen]

No Other access yet

There is a sizable pond on the property in front of my house. The well sits in the spot where I would be able to build a new driveway from the road. Along with the septic tank, which also runs to the garage. Right now it's a single toilet and sink that hardly gets used. In the future, whose to say someone doesn't start a *for example* car wash business there? I would not be okay with that.

 

[FarmerJ]

(Regarding a shallow well I guess it would help you to learn from your county how far it would have to be from any septic system and also to learn how deep it would have to be reason being that if water could be found at say 15 to 20 feet that is shallow enough that a sand point could be driven with a maul instead of drilling ) the garage being hooked onto your homes septic system makes it even worse because again someone in the future may not care and treat the drains like city sewer and could in theory destroy your homes septic system but damage the water table in your area I guess one way to do this may be that you get a permanently recorded easement that expires should your homes well or septic be replaced or moved and to expire with transfer of cousins property or even to expire with abuse of the system like refusals to fix leaks (install a water meter to monitor its usage with a set limit as to how much water per month ) A attorney can write up a conditional one for you. ( Other wise you may have to explore having just enough large boulders n rocks hauled in to create a base to widen the area that you would have to use to make your driveway and then dig and cut and cap both the water and sewer lines from YOUR side of the lot line and be totally done with it ) So maybe you might want to try the links above , find a atty who can draw up a easement agreement that has conditions where it ends or expires ( so you know what that agreement would cost to get into place and if cousin doesnt budge then maybe to explore adding enough rock to fill it in just enough to make your own driveway to the public road. I say the last thing about partially filling because from your own writing it sounds like you could indeed have your own access and if thats the case then there should be not be any reason you cannot just DC that other building from your well and septic since there is a lack of written agreement about using them and the cousin is a recent owner like your self )