Legal Question in Real Estate Law in California
Is it possible to subdivide a parcel between two homes that share one well in California?
2 Answers from Attorneys
Sure. It just takes some careful legal work to make sure both parcels have adequate water rights without imposing undue burdens on the parcel that actually hosts the well.
In addition, I would check local (county) ordinances regarding water well and water-supply requirements. My county (Marin) has some special requirements when two properties share a single domestic water well. Also, be sure that any easement agreement for the parcel without a well to receive water from the parcel with the well is professionally drafted and fully describes which parcel will own the well and pump, which will provide the electricity, and which parcel or parcels may take water, and how much.