A private well is not in possession and is not maintained by any municipality. It may be a private co-op that was created to serve a planned community, or it may be an even smaller community that serves only 2-3 units. One way or another, it is maintained privately and is not part of the municipal water system. The proposal to have one`s own lawyer is excellent. You need to clarify your legal position to understand what might be your next step. Years of acceptance as standard practice and precise terminology, I think the next step would be the lawyer who will develop the sharing agreement for the well. Or say goodbye to bail. Here the last owner knew that his lawyer has a common fountain agreement that is a bit vague, rough. As part of this agreement, he asks that I sign an additional agreement, that he will only drill once more on my property with a maximum of 500 feet, and if nothing is found, I should accept the common well. If I wanted to unseal, he`d ask me to lose my deposits, $25,000.
ouch! At this point, I`d rather find a home anywhere. The question is, since my Contrcat is vague about the water supply, does it have the right to keep all or part of the deposit? If your agreement simply said that your contractor would provide enough access to water for the normal daily needs of the household, then he could probably get away with tying you to a common well on another lot. I hope you will keep us informed of the decisions you make at the end and how it all turns out for you. This way we all learn together, and the next time someone posts with a similar question, we`ll have first-hand experience (almost first hand) to share. Your owner has met the requirement that he provide you with a private well, even if you don`t like the way he did this by making it a common private well. You need your own lawyer to defend your interests here, because I can certainly see that you lose your entire deposit if you go over that issue. Ultimately, many people live with such a system that provides water for their homes, and they do so successfully under the legal agreements that govern maintenance and repair, which hold all parties involved accountable.