Shared well

[Nicole N]

Jurisdiction

Arkansas

I am trying to sell a house with a shared water well. All but 2 houses have gone into our city's water system. The paperwork had never been updated to reflect only 2 homes use the well. Now I want to fix this because I have a potential buyer, but the loan she has dose not allow for a well shared by more than 2 houses. Do I have to have the other 6 people relenquish there rights? Can I have an lawyer just draw up a new well contract. I have an appointment with a lawyer in 3 days. If I need to have them sign off on it I can try and have it ready for my appointment.

 

[adjusterjack]

the loan she has dose not allow for a well shared by more than 2 houses

Well, what is that lender asking for that would verify that the well is shared by only 2 houses?

That's where you start asking your questions, not here, cause we have no idea what that lender wants.

 

[welkin]

You go to the City's water Co. with the addresses of those parties in the contract and get verification that all but two have abandoned their use of the well.

 

[Zigner]

You go to the City's water Co. with the addresses of those parties in the contract and get verification that all but two have abandoned their use of the well.

That wouldn't preclude one of the other four from restarting their use of the well.

 

[welkin]

It would be illogical for someone that paid an assessment for a water infrastructure extended to serve a new area and then paid all the costs for hookup to the City's water company to go back to the well. What possible reason would there be? Why did they hookup in the first place?

I would think that the common well serving 6 homes was installed because at the time of the subdivision City water was not available.

 

[zddoodah]

The paperwork had never been updated to reflect only 2 homes use the well.

What paperwork? Why has it never been updated?

Do I have to have the other 6 people relenquish there rights?

No one here will have any way of knowing what is needed because we don't have all of the relevant facts.

Can I have an lawyer just draw up a new well contract. I have an appointment with a lawyer in 3 days.

I'm sure you can do this, and three days from Friday is today, so I'd suggest that you allow the lawyer to advise you about what to do.

If I need to have them sign off on it I can try and have it ready for my appointment.

I have no reason to believe that there is anything that you cannot try. I doubt this is what you intended to ask, but I'm not sure what you actually intended.

It would be illogical for someone that paid an assessment for a water infrastructure extended to serve a new area and then paid all the costs for hookup to the City's water company to go back to the well.

Even if one were to concede this as true, what difference does it make? The lender might want more than evidence that the other homes are now tied to the city's water system.