Well Responsibility

[emilyk]

We sold a house last June and the buying party has been contacting us about paying to fill an old well on the property. The well, to my understanding, the well was capped at the time of sale, but not filled up to ground level. The new owners are saying we are financially responsible for this. Are We? It will cost $1500 to fill!

 

[Tracey]

Did you disclose the well's existence? (Yes is the correct answer.) Was the well's presence "open and obvious"? (Yes) Does your state require you to disclose the presence of wells? (No) If you get the correct answer to any of those questions, you don't have to pay. Tell them to buzz off. Besides, there's no law that says unused wells have to be filled in is there? Capping is quite sufficient.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Did you disclose the well's existence? (Yes is the correct answer.) Was the well's presence "open and obvious"? (Yes) Does your state require you to disclose the presence of wells? (No) If you get the correct answer to any of those questions, you don't have to pay. Tell them to buzz off. Besides, there's no law that says unused wells have to be filled in is there? Capping is quite sufficient.

<HR></BLOCKQUOTE>

Tracey, well said and well done. HomeGuru.