Giving up rights to a shared well

[babsdelite2]

We share a well with one neighbor and the well is on their property. We have since put in our own private well and would like to relinquish rights to the shared well. Is this possible? We live in Arizona.

 

[adjusterjack]

Do you have any obligations with regard to the shared well?

 

[quincy]

We share a well with one neighbor and the well is on their property. We have since put in our own private well and would like to relinquish rights to the shared well. Is this possible? We live in Arizona.

It is possible, yes. You should discuss this with your neighbor.

 

[babsdelite2]

Do you have any obligations with regard to the shared well?

Yes, we pay them $120.00 a year for electric and 50% of repairs, if needed.

 

[PayrollHRGuy]

Yes, we pay them $120.00 a year for electric and 50% of repairs, if needed.

How is this agreement memorialized? A written contract, handshake, etc...

 

[Zigner]

Is the other party in agreement?

 

[babsdelite2]

How is this agreement memorialized? A written contract, handshake, etc...

It’s set up in the deed to the property between us and the neighbor.

 

[babsdelite2]

How is this agreement memorialized? A written contract, handshake, etc...

It’s recorded in the property deed between us and the neighbor.

 

[quincy]

It’s set up in the deed to the property between us and the neighbor.

Because the well is located on your neighbor’s property, the well should be registered with the Arizona Department of Water Resources (ADWR) in their name. I assume you received a permit for your new well and it was also registered with the ADWR?

It could be possible for you to transfer your rights in the well through a quitclaim deed and a “Request to Change Well Information” form - but I recommend you consult with an attorney in your area to investigate the matter.

 

[babsdelite2]

Thank you!

 

[quincy]

Thank you!

You’re welcome, babsdelite2. Thanks for the thanks.

Again, I would review the relinquishment of your rights to the well with an attorney in your area of Arizona. If you are able to transfer rights to the well through a quitclaim deed, this transfer should be recorded in the county where your property is located.

Good luck.

 

[adjusterjack]

And, babsdelite2, you'll want to make sure that you are no longer obligated to share in the electricity and repair costs. Get that in writing, too.

 

[quincy]

It also might not be a bad idea (if costs are generally held to the minimal $120 with low repair costs) to hold onto the rights in the neighbor’s well in case your new well runs dry.

 

[xylene]

You are doing far more than 'relinquishing rights' and you neighbor would be a fool to agree without compensation. You have accrured years of wear and tear and now you want to bail before a bill comes due.

Also: Is your private well even legal? You want to be very very sure of that.

 

[quincy]

You are doing far more than 'relinquishing rights' and you neighbor would be a fool to agree without compensation. You have accrured years of wear and tear and now you want to bail before a bill comes due.

Also: Is your private well even legal? You want to be very very sure of that.

All wells drilled in Arizona must be permitted by the Arizona Department of Water Resources. This requirement should have been met. If there was no permit granted, I agree it would be a mistake to try to move ahead with any quitclaim or other available action without speaking to an attorney first.