Legal Question in Real Estate Law in Virginia

Legal rights for shared well on property
We are about to purchase a house in a rural area. The well for the house we are to purchase resides on an adjacent property and is shared between the two houses. Both houses are members of a homeowners association. The only mention of the shared well is on a survey which indicates that the well for the property is located on the adjacent lot. This well has been shared for many years without problem. The bank, however, is nervous about the fact that the rules regarding the maintenance, electric power and such are not written down. My question is, where would those rules be written? A contract with the owners of the adjacent property might not be binding with the next homeowners. Should it maybe be in the homeowners association by-laws? Are there implied laws which cover this? Thanks.

Asked on 1/20/99, 9:37 am

Daniel Press Chung & Press, P.C.

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Re: Legal rights for shared well on property

You should probably have an easement for the use of the well recorded in the land records.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302

Answered on 1/29/99, 2:20 am

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