[USER]

Back story: We bought a house 3 years ago with a shared well agreement. We did the normal test to make sure the water was good and we had the report on water flow and depth. We got a copy of the shared well agreement and it stated that each party is to provide and maintain their own pump, water lines, pressure tank, etc. Our house was the only one hooked up to the well and the agreement was with the vacant lot beside us. All was fine until the vacant lot is now building a house.

They want to connect to our pump now and force us to add a bunch of stuff because they found out the well isn’t big enough for 2 pumps as they were about ready to connect. We offered to cover the $1,500 worth of stuff going directly to our house, but we said we aren’t covering the $5k they think are joint expenses for them to connect and split the water.

They feel like we should pay half, making our total expenses around $4k. We purchased the house with an agreement stating that we own our pump and if the neighbors connect to the well, they are responsible for their own pump and piping. We had no idea this wasn’t possible. The well is just over the property line on their side, but we have a recorded easement to use it.

I’m not sure if it’s worth getting a lawyer involved at $300 per hour, or if we should continue to try to negotiate on our own with hard headed people, who just sprung this on us and want a decision ASAP so they can connect before winter. Would they have the right to just tap into our pump since there isn’t room for them to put in their own? Can they force us to pay for the upgrades to get them water access?

We definitely aren’t trying to prevent them from getting access, but I don’t think we are responsible for the expenses for them to gain access.

Any advice is appreciated!!

[Ankur]

Shared wells are a NIGHTMARE!

I would have bought the adjacent lot to avoid this in the future!

Hire a Lawyer, this is going to be a horrible fght and you need a professional who is not emotionally involved.

[Shirizz]

Get a lawyer. This is not just about a current dispute, but about shared legal rights, maintenance obligations and costs that will be relevant decades into the future.

[Michael]

I don’t believe they can require you to pay for any equipment or any modifications outside of the agreement. I’d just continue to talk to them rather than get a lawyer involved at this point. I’d consult a well contractor to determine if the well truly isn’t big enough for two pumps before I’d do anything.

Who knows if their information is accurate.

[John]

Unfortunately for both parties this appears to be a case of incomplete due-diligence prior to purchase. While a reasonable effort may have been attempted, this unfortunately may not have covered all the risks. While the OP may have had the first use of the well, this does not solidify their current installation as grandfathered, forcing the new neighbor to bear all the costs. There is a reason this is called a well-share and the legal language must be assessed. If two pumps cannot be utilized, it may be less costly to work with the neighbor via legal and professional well expert advise for a shared remedy. Should OP deny a shared remedy, the neighbor may have the legal right to drill a larger casing, and legally force the OP to share in the costs.

Before jeopardizing your relationship with the neighbors, consider seeking professional local advise outside the poor recommendations of “screw the neighbor”. Identify potential remedies and costs, legal directions within your jurisdiction, and work with your neighbor for a solution. It may be an expensive ride, but it’s best to get the details prior to letting emotions and Facebook lawyers make matters worse for your family.

[Author]

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