Water Utility Charges

[oneblueaugust]

In Kitsap County - Washington.

I've purchased three adjacent lots. These three lots were broken up from one large lot about 10 years ago. I live on one of them, while the other two are bare land.

The water is provided by a well located on one of my lots, owned and maintained by the person who originally broke the lots up. I believe he set up some sort of small water pud or something. I can research that more if necessary.

He's charging me $526 per lot (per year) for water access. I'm only using water on one of the lots, the other two aren't even hooked up to anything.

Does he have legal standing to charge me water access for lots that aren't hooked up? Is there any precedent for it, or better yet, something that states that I only need to pay for one lot, since that's the only one that's actually hooked up?

I've already told him that I don't want to pay for water access for the other two, and he has replied that I am required to, and if I don't he will be forced to sue me. I'm not sure how seriously to take that threat.

 

[LdiJ]

In Kitsap County - Washington.

I've purchased three adjacent lots. These three lots were broken up from one large lot about 10 years ago. I live on one of them, while the other two are bare land.

The water is provided by a well located on one of my lots, owned and maintained by the person who originally broke the lots up. I believe he set up some sort of small water pud or something. I can research that more if necessary.

He's charging me $526 per lot (per year) for water access. I'm only using water on one of the lots, the other two aren't even hooked up to anything.

Does he have legal standing to charge me water access for lots that aren't hooked up? Is there any precedent for it, or better yet, something that states that I only need to pay for one lot, since that's the only one that's actually hooked up?

I've already told him that I don't want to pay for water access for the other two, and he has replied that I am required to, and if I don't he will be forced to sue me. I'm not sure how seriously to take that threat.

Are there any contracts or paperwork involved with the water access? Are there any covenants regarding the subdivision? I am going to guess that you will need a real estate attorney to review everything. However, it might be wiser to sink your own well.

 

[NC Aggie]

If I comprehend correctly, the original owner of the land still owns and maintain the well that provides water to your lot(s)? Is this intended to be a community well? Does he have an easement for the well, along with an access easement to perform maintenance and does the well provide water for any other lots, other than the 3 lots you own? And as LdiJ eluded, you may need to review any covenants to see if it stipulates that each lot, rather occupied or built upon, is required to pay annual maintenance fees.

 

[oneblueaugust]

Sorry for the late reply, haven't had a chance to review the covenants yet, been very busy. I will update when I go through it.