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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.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,551 posts, read 81,085,957 times
Reputation: 57728
First, go to the website for (or visit) the County Assessor's office. It's public record, and here the website has a simple search that gives the owner information including mailing address for the tax bill. If you can't get a hold of them or they refuse to help, get a lawyer to review the agreement and advise. If it doesn't show a remedy, you will most likely need to have receipts for everything you have paid, and put a lien on the property for their half.
You need a lawyer, preferably the one who wrote the sharing agreement. If he/she cannot get the county judge to enforce the agreement, then you'll need another lawyer to sue the other lawyer for errors and/or omission, unless your forbearance over the years has effectively waived any rights you might originally have had. I think. Good luck.
Owner of record died and the living trust new owner will not give me their
Address.Also they refuse to help in any way. This from phone conversations.
They live out of state.
Nalabama are you saying that by performing my due diligence I have sat on my rights to enforce the agreement.by what time frame would “permanently cease” cause me to lose any rights
Living on ssi prevents any hiring of a lawyer .
Owner of record died and the living trust new owner will not give me their
Address.Also they refuse to help in any way. This from phone conversations.
They live out of state.
Nalabama are you saying that by performing my due diligence I have sat on my rights to enforce the agreement.by what time frame would “permanently cease” cause me to lose any rights
Living on ssi prevents any hiring of a lawyer .
If you shut the water off and they sue you, are you going to manage to find money for a lawyer then?
You can always sue them for what you have spent in the last 3 years. If your state is typical, torts are uncollectible after 3 years. You can get the address of the owner of record from the county tax collector. Somebody is paying the property taxes. If there is a lender on the property, you might send them a notice of intent to file lien, along with the owner of record.
Without a clear definition of what constitutes abandonment, you will need a judge to slice this baby in half. You probably won't get any money right now, but $25 a year to get a small claims judgment isn't a big expense, and if the judge goes along with granting you a lien, you will collect when the property is sold. You may also get the statutory 9% interest on the outstanding balance, which is a sweet deal.
California. Tax bill is sent to deceased owners family trust. Person that inherited property has not notified county of new ownership and will not give me their address.
5 years before tax sale in my county.
California. Tax bill is sent to deceased owners family trust. Person that inherited property has not notified county of new ownership and will not give me their address.
5 years before tax sale in my county.
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.
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