We live in a rural AZ community & have a well that is intended to be shared with 3 other lots - Ours is the only developed lot at the present time. Earlier this week the well pump started having issues - Does the land owner of the other 3 lots have a proportional responsibility to maintain/repair the well? Or does that fall solely to us as the only developed property of the group?
1 Answer from Attorneys
I routinely handle the legal aspects of well sharing arrangements. In answer to your question, it depends. If you have a duly recorded well agreement on all of the parcels, the other owners could have liability for the costs of repair even though they are not currently using the well. However, such obligations would likely only occur if a well agreement is in place.
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