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  1. #1
    Join Date
    Feb 2009
    Location
    Oregon
    Posts
    3

    Default Shared Well , and Easement

    We purchased a piece of property 19 years ago, and signed a "Shared Well agreement"....The property has changed hands, and the agreement which was filed as an Agreement for easement" with the county is in need of updating due to the cost of electricity primarily.

    another issue connected to this is the actual ownership of the well itself, and the rights involved of how it is operated and maintained...

    The agreement states clearly that all costs of maintainance and repair be shared equally between the owners of lot "A" and lot "B". The well is located on our property lot "A".

    this agreement also includes an easement right of way to our neighbors in lot "B" This was written up using a std. "Stevens-ness" general easement form # 926.

    my question is this:

    Does the "easement" include the well itself, pipes going to it, and pump house? or is this just an ingress/egrees to and from the the well?

    the std 926 form states rights of ingress and egress for the maintainance of the easement, but it is unclear on "Ownership" of the well.

    There are no provisions for rights on decisions made for how this "shared Well"l is maintained and who dose the job......

    do i have any rights to the ownership, and how it's maintained of a shared well that is located on my property?

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Shared Well , and Easement

    You really need to take the documents to a local real estate attorney.

    You need detailed answers to your questions.

  3. #3
    Join Date
    Feb 2009
    Location
    Oregon
    Posts
    3

    Default Re: Shared Well , and Easement

    what about the issue of ownership and water rights?

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