Private shared water well and non payment (acre, electric, best)
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Lawyer. Somewhere there is a legal aid society or other "volunteer" (pro bono = free) attorney who can help you out. Otherwise, and I rarely advocate to get a lawyer involved, you are just spinning your wheels. Too many thorny issues which are going to involve legal resolution to go it on your own. Clearly the owners are of no help.
Figures it’d be CA. This state makes it so easy for criminals and other scofflaws to flourish. The laws and policies of this state hurt and go against law abiding citizens. Consult a real estate attorney with experience in water well rights.
Further that fact and a realtor won’t get involved to help me sell would seem that
Due to owners negligence it is interfering with commerce and my ability to sell.
Whisky is for drinking and waters for fighting over.
The cost and red tape is daunting and I have neither funds or fight left in me.
I’m not obligated to provide water and have no contract with tenants, I could discontinue service with electric company thereby not shutting off water and the owner has the the responsibility of providing water for tenants
Each month owner pays then what is owed me is deducted
Seems simple but could I rely on their being a continuous supply of water....
Further that fact and a realtor won’t get involved to help me sell would seem that
Due to owners negligence it is interfering with commerce and my ability to sell.
Whisky is for drinking and waters for fighting over.
The cost and red tape is daunting and I have neither funds or fight left in me.
I’m not obligated to provide water and have no contract with tenants, I could discontinue service with electric company thereby not shutting off water and the owner has the the responsibility of providing water for tenants
Each month owner pays then what is owed me is deducted
Seems simple but could I rely on their being a continuous supply of water....
I purchased property in 2010 and signed with sellers of property a shared “Two party water well agreement.
Agreement states:
Both parties are responsible for one half of all well expenses,upkeep and taxes .
It is understood that both users of water system will share in the electricity bill.
(User is the one actually using water.)
This agreement shall be binding on all successors and assigns of both parties and runs
Pertinent to the land.If any party permanently cease and abandon their respective share,
That share reverts to the other share holder equally.
Grantor of the above described well and the well site, together with all water lines and storage tanks
Connected thereto will not be liablein any respect whatsoever for failure of
SUSPENSION,quality,purity,or diminishing of water supply service or pressure.
I have paid entire electric bill and have had well serviced at my own expense for over 4 1/2 years the renters
Have been given bills by certified mail and refused receipt.
Owner of property refuses to give me their mailing address.
Renters use water for a mobile car washing business and have over 4 people living there
Vs just me.
Based on well share verbiage
Abandon their respective share 4 1/2 years should indicate that have abandoned their interests in performance
Of agreement and I’m not liable for suspension of service.
It would seem to me that at this point a letter of intent to shut water off within say 30 days of pay in full would be fair and I’m not responsible for loss of income for their
Business or any damages .
If I’m all wet (pun) intended could someone chime in.
This has been very stressful and burdensome to say the least.
Thanks in advance.
Send a certified letter to the owner indicating that you are abandoning your share of the existing well at a given date.
Have a new well drilled on your property.
Disconnect electricity to existing well.
Then you'll be done with it.
All the best.
Can’t drill well as I have less than 2 acres no permit will be given
$10000 for a new well.
Seems like they are the ones abandoning well and I should file an adverse possession on owner
Drill a well ....really! You must have big pockets .
Can’t drill well as I have less than 2 acres no permit will be given
$10000 for a new well.
Seems like they are the ones abandoning well and I should file an adverse possession on owner
Drill a well ....really! You must have big pockets .
That is interesting... Sounds like you need the well more then they do..
If all you are providing is the power to run the pump, It sounds like cheap water for you, Since you cannot drill your own well on your land, also the 10K it would cost to drill it,
If they cut you off, can you connect to "City" water. (btw that would cost thousands to do also, to cut the road open, trench, run the pipes to your house, refill, fix the road.)
Without water the will tag you house as unlivable, you would have to move out, and would be impossible to sell,
For anybody else watching and shopping for a property, it's a valuable lesson. As for sharing costs, responsibility, space, roadways, right of way, etc.... in a small group arrangement including: a private drive, private well, shared right of way, very small water, sewer or other utility, or similar, IMHO......it's a hard NO! I was raised across the street from three idiots (one who later became my MIL, LOL) who fought like a bunch of preschoolers, over a shared driveway. They literally wasted half a century, behaving like fools over this. My best friend lived on a farm with a long, shared lane to the house. His family was constantly getting screwed by other users, who didn't think that paying their share was "fair". As I became an adult and went into homebuilding and investing, I heard countless tales of other idiots who just lacked the morals to do the right thing in any business deal, and were screwing others in every imaginable shared arrangement. Bottom line is that a significant minority of humans are scumbags. You might be in a shared arrangement that is going very well, and has done so for decades. Tomorrow morning, one of the participants could drop dead, and be replaced by human scum. If you are just starting out and looking for a place, PLEASE do yourself a favor and never let a seller or realtor talk you into sharing anything with your neighbors. It may turn out to be a wonderful arrangement, that you all benefit from forever, or it may be the biggest mistake you ever make. It simply isn't worth the risk however, since these arrangements can go from wonderful to living hell, in the blink of an eye.
I have seen neighbors who had to spend tens of thousands on new wells, driveways, septic systems, brutal right of way fights in the courts, new driveways, traffic studies for highway access permits, and other horror stories, thanks to shared agreements that fell apart. JMHO, but there is never a good enough reason to sign on to any potential mess like that.
I purchased property in 2010 and signed with sellers of property a shared “Two party water well agreement.
Agreement states:
Both parties are responsible for one half of all well expenses,upkeep and taxes .
It is understood that both users of water system will share in the electricity bill.
(User is the one actually using water.)
This agreement shall be binding on all successors and assigns of both parties and runs
Pertinent to the land.If any party permanently cease and abandon their respective share,
That share reverts to the other share holder equally.
Grantor of the above described well and the well site, together with all water lines and storage tanks
Connected thereto will not be liablein any respect whatsoever for failure of
SUSPENSION,quality,purity,or diminishing of water supply service or pressure.
I have paid entire electric bill and have had well serviced at my own expense for over 4 1/2 years the renters
Have been given bills by certified mail and refused receipt.
Owner of property refuses to give me their mailing address.
Renters use water for a mobile car washing business and have over 4 people living there
Vs just me.
Based on well share verbiage
Abandon their respective share 4 1/2 years should indicate that have abandoned their interests in performance
Of agreement and I’m not liable for suspension of service.
It would seem to me that at this point a letter of intent to shut water off within say 30 days of pay in full would be fair and I’m not responsible for loss of income for their
Business or any damages .
If I’m all wet (pun) intended could someone chime in.
This has been very stressful and burdensome to say the least.
Thanks in advance.
Who supplies power to the well pump? You can always turn off the breaker and lock the box when you’re not home.
Go to the county register. The tax bill will have the owners info. You can consult with a lawyer on how to proceed. Send a letter of demand for the past amount due. If they dont respond start a lawsuit. If you win in court you will be able to eventually lien the property for payment.
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