Copyright 2005-2007 All Rights Reserved Charles E. Marunde &
FreeRealEstateLaw.com
Community Well & Maintenance Agreement
Many small subdivisions share a well that is located on one of the lots and that
requires an agreement between the property owners on how the costs of
maintenance will be shared, and who has the obligation and right to maintain the
well and water distribution system.  

This is an area ripe with disputes between neighbors.  I have handled a number of
these disputes, and there is no doubt that if there had been a well drafted
agreement covering all the major and even minor issues that can and do come up,
many of these disputes would never have arisen, or they would never have gone so
far.  

The issues to be covered in a Well and Maintenance Agreement, which typically
requires an easement on the burdened property for the well itself and an easement
across lots for the pipes, will be unique to some degree because of the unique
characteristics of the property, the needs, and want everyone wants to do.  Some
will want more water than others as when someone intends to irrigate acreage.  The
parties need to figure out an equitable approach to dividing the maintenance costs.  

Here is a good example of an agreement I drafted and have used many times,
although the specifics often change.  

                               
 Community Well Agreement
Real Estate Blog
Chuck Marunde, who is a Real Estate Broker and Retired Real Estate Attorney, can be
contacted at 360-7
75-5424 or by email.