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Terminating rights to shared well

Discussion in 'Easements & Right of Way Law' started by Stevekest, Sep 1, 2017.

  1. Stevekest

    Stevekest Law Topic Starter New Member

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    West Virginia

    We bought an investment property with a shared well. This well is on our property and is shared between our single family home and his six unit apartment building. Financial responsibility for the well is 20% us and 80% him .

    To put it bluntly the owner is disagreeable about everything - long story.

    In the end, to solve the problem we are drilling a new well on our property and have a permit in hand.

    How can we modify the deed to show that he has 100% control and financial responsibility in order to clear the deed to sell the house. Basically we relinquish and rights to the well on our property, and grant 100% easement for him. I think this is more than equitable. We have sent certified letters with no response. Additionally, he hangs up every time we call.

    Can this be done with a quite claim?
  2. army judge

    army judge Super Moderator

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    I suggest you consult with a licensed attorney in your county in regard to how you absolve yourself of any liability for the existing well.

    You might find it to be far more difficult than you imagine, perhaps impossible, to disentangle yourself from the 20% financial burden you're carrying for something you no longer wish to use.

    I understand what you wish to do, but there's no legal way to force the other party to change the existing arrangement.

    There are, however, other ways to achieve your wishes.

    Talk to a lawyer or two in your county and see what you can learn.

    Until you speak with those lawyers, I suggest you cease all contact with the other party.


    It seems he's not as receptive to your entreaties as you are to making them.
  3. zddoodah

    zddoodah Well-Known Member

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    You mean the other owner (i.e., "him"), right?

    This sort of specific legal advice cannot be obtained on the internet (and especially cannot be obtained from folks who haven't read the existing documents).

    Well...then you can probably expect that he won't agree to it.

    Hire a lawyer. Sooner the better.

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