Legal Question in Real Estate Law in Wisconsin
Shared Well Agrement--Termination of Agreement & Well Abandonment
We are the owners of a shared water well used by nine homes in our rural area of Wisconsin. We are receiving ''city'' water lines this Spring. Our agreement states that we must provide well water to the eight other homes for six months after water service is available. It also states that all must share in the cost of well abandonment (approx. $1200). Unfortunately, the well agreement expires six months after the availability of city water. How do I ensure that they pay their share of abandonment costs when I don'tknow what those costs will be until after the agreement expires? Can we demand that they pre-pay their share of estimated abandonment costs prior to the termination of the agreement? (I'm getting the feeling that the document was not well drafted in the beginning, and now we're stuck in a ''catch 22''.)
1 Answer from Attorneys
Re: Shared Well Agrement--Termination of Agreement & Well Abandonment
It would be difficult to comment precisely with
respect to your question without seeing the exact
well water agreement. However, even though the
obligation to provide water ends 6 months after
city water becomes available, the obligations of
the parties under the agreement would likely continue.
Otherwise, let's say someone is able to remain in
arrears for at least 6 months after city water is
available. Collecting against that individual
would then become impossible. That makes no sense.
I would think the more logical interpretation of
the agreement would result in all parties remaining
responsible for the closure of the well, regardless
of when such closure occurs.
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