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We are buying property with a shared well having an agreement filed in 1995 granting both parties equal rights to water and a...

We are buying property with a shared well having an agreement filed in 1995 granting both parties equal rights to water and a...

Full question:

We are buying property with a shared well having an agreement filed in 1995 granting both parties equal rights to water and a share for each in upkeep. The holders of the property where well is located are refusing service to the new owners of the second property. Agreement is filed in LA County and notarized, and signed by all parties. Extends to new owners as well, but is being refused. Arbitration or what?

Category: Real Property
Date: 04/07/2025
State: California

Answer:

If all is as you say, then the party withholding the water is clearly in the wrong.

You should start out by calling the county sheriff. Tell the sheriff you are going to be at the well site - with the agreement in hand, and with whatever plumber or whoever is going to actually turn on the water to the property - at x time, and will a deputy please join you there at that time in order to prevent the wrongdoing landowners from denying your clear property rights.

The sheriff may tell you that it needs to be settled in court first. In that case, you'll need to meet with a local attorney. The first step would be to write a letter to (or call) the offenders, threatening to sue if they don't change their tune. If that doesn't produce results, you are going to have to sue for a declaratory judgment determining your rights under the contract, and a permanent restraining order against their denying the water rights.

Good luck.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the problems with a shared well?

Shared wells can lead to disputes over water usage, maintenance responsibilities, and access rights. Conflicts may arise if one party uses more water than agreed or refuses to contribute to upkeep costs. Additionally, if one party fails to maintain the well, it can affect the water quality and availability for all users. Clear agreements and communication are essential to avoid these issues.

What is the easement for the use of a well?

An easement for the use of a well allows one property owner to access and use a well located on another property. This legal right is typically documented in a written agreement, specifying terms such as water usage, maintenance responsibilities, and access routes. It ensures that both parties can utilize the well without infringing on each other's property rights.

How to enforce a well agreement?

To enforce a well agreement, start by reviewing the terms outlined in the document. If one party is not complying, communicate directly with them to resolve the issue. If that fails, consider sending a formal letter outlining your concerns and potential legal actions. If necessary, you may need to file a lawsuit for breach of contract to seek enforcement and protect your rights.

How does a shared well system work?

A shared well system involves multiple property owners using a single well for their water supply. Each owner typically has a defined share of the water and is responsible for maintenance costs. The system requires cooperation among users to ensure fair access and proper upkeep, often governed by a shared well agreement detailing each party's rights and responsibilities.

How does a shared well agreement work?

A shared well agreement outlines the terms under which multiple property owners share a well. It specifies water usage rights, maintenance responsibilities, and cost-sharing arrangements. The agreement should be signed by all parties and filed with the appropriate authorities to ensure it is legally binding. Clear terms help prevent disputes and ensure equitable access to water.

Can you terminate a shared well agreement?

Terminating a shared well agreement typically requires mutual consent from all parties involved, as it is a legally binding contract. If one party wishes to terminate the agreement, they should review the terms for any specific provisions regarding termination. If disputes arise, legal advice may be necessary to navigate the process and ensure compliance with state laws.