When buying a home with a shared water well, there are certain considerations to keep in mind. Many homebuyers have questions and concerns about shared wells because they’ve never lived somewhere that had a shared water well.
By definition, a shared well is a water well that services two or more homes for residential purposes. If you are considering buying a home that has a shared well, here are a few things to keep in mind:
- Is there a current shared well agreement?
- What are the monthly operating system costs?
- Are there any built-in contingencies for remediation, repairs, maintenance, and quality testing?
- Are there any restrictions placed on your system? For instance, does the shared well agreement prohibit the use of swimming pools?
- Are there records of periodic inspections performed and records of repairs made?
It is imperative that a shared well is functionig properly, otherwise dozens of people may be without water!
Here are a couple of things you should find in your shared well agreement:
- Specification of the cost involved to share your pump in regards to power, repairing, testing and inspecting.
- Requirement for corrective courses of action if testing reveals a deficiency.
- Prohibit the use of the water well by any party for any reasons other than domestic usage.
- No outside or new residence may connect and make use of the water well.
the importance of maintaining proper shared well records
Over the years well share records and agreements can become increasingly innacurate. New owners will began accessing the well without written record or the parcel size / shape is changed because it has been split.
The Dunaway Law Group drafts shared well agreements. If you are looking to draft a new agreement or make modifications to an existing shared well agreement then contact us at 480-702-1608 or email Clint@DunawayLG.com.