Legal Question in Real Estate Law in Arizona

Shared Water Well Agreement

Our well is shared by 4 property owners. Well was producing muddy water therefore pump was pulled out last January. One property owner does not want to drill the well deeper due to the cost and no guarantee of clear water. Our agreement states that any improvements to the well over $1,000 must be approved by all four

property owners and because we don't have a majority we have water hauled in at a cost of $1,000 a month for four residences. There is an emergency clause in the agreement but we don't know if this constitutes an emergency. Do we have any recourse? Thank you.


Asked on 5/28/09, 1:05 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: Shared Water Well Agreement

I can't answer the question without reviewing the agreement and the facts and circumstances. You can seek enforcement of the agreement or you might consider a suit for partition to force the objecting property owner to sell his interest to the other 3.

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Answered on 5/28/09, 6:50 pm


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