Legal Question in Real Estate Law in Wisconsin

Joint Well Agreement: remedies for non-compliance

We have nine houses sharing a joint water well located on the property which we recently purchased in WI. Two homes have not paid for annual electrical well pump $ reimbursement, nor have they paid their share of repair expenses as per the joint well agreement which we have all signed. We have sent them four notices by mail regarding this issue. Before begining legal action (''Small Claims'' court), are there any requirements as to amount of time past due or notification requirements which we should first meet?


Asked on 10/23/01, 2:15 am

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Joint Well Agreement: remedies for non-compliance

Claims expire when the appropriate statute of

limitations is exceeded. That varies depending on

they type of claim. Contract claims run 6 years.

Negligence claims usually run 3 years from the

date the negligence is discovered. Your claim

appears to be based upon contract. I would

recommend you have a qualified attorney review your

recorded shared well agreement to advise you as to

which rights you may have against the transgressing

parties.

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Answered on 11/26/01, 1:42 pm


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