My question involves real estate located in the State of: California
I purchased property in 2010 and signed with sellers of property a shared “Two party water well agreement.
Agreement states:
Both parties are responsible for one half of all well expenses,upkeep and taxes .
It is understood that both users of water system will share in the electricity bill.
(User is the one actually using water.)
This agreement shall be binding on all successors and assigns of both parties and runs
Pertinent to the land.If any party permanently cease and abandon their respective share,
That share reverts to the other share holder equally.
Grantor of the above described well and the well site, together with all water lines and storage tanks
Connected thereto will not be liablein any respect whatsoever for failure of
SUSPENSION,quality,purity,or diminishing of water supply service or pressure.
I have paid entire electric bill and have had well serviced at my own expense for over 4 1/2 years the renters
Have been given bills by certified mail and refused receipt.
Owner of property refuses to give me their mailing address.
Renters use water for a mobile car washing business and have over 4 people living there
Vs just me.
Based on well share verbiage
Abandon their respective share 4 1/2 years should indicate that have abandoned their interests in performance
Of agreement and I’m not liable for suspension of service.
It would seem to me that at this point a letter of intent to shut water off within say 30 days of pay in full would be fair and I’m not responsible for loss of income for their
Business or any damages .
If I’m all wet (pun) intended could someone chime in.
This has been very stressful and burdensome to say the least.
Thanks in advance.
I purchased property in 2010 and signed with sellers of property a shared “Two party water well agreement.
Agreement states:
Both parties are responsible for one half of all well expenses,upkeep and taxes .
It is understood that both users of water system will share in the electricity bill.
(User is the one actually using water.)
This agreement shall be binding on all successors and assigns of both parties and runs
Pertinent to the land.If any party permanently cease and abandon their respective share,
That share reverts to the other share holder equally.
Grantor of the above described well and the well site, together with all water lines and storage tanks
Connected thereto will not be liablein any respect whatsoever for failure of
SUSPENSION,quality,purity,or diminishing of water supply service or pressure.
I have paid entire electric bill and have had well serviced at my own expense for over 4 1/2 years the renters
Have been given bills by certified mail and refused receipt.
Owner of property refuses to give me their mailing address.
Renters use water for a mobile car washing business and have over 4 people living there
Vs just me.
Based on well share verbiage
Abandon their respective share 4 1/2 years should indicate that have abandoned their interests in performance
Of agreement and I’m not liable for suspension of service.
It would seem to me that at this point a letter of intent to shut water off within say 30 days of pay in full would be fair and I’m not responsible for loss of income for their
Business or any damages .
If I’m all wet (pun) intended could someone chime in.
This has been very stressful and burdensome to say the least.
Thanks in advance.
Private Water Well Agreement Breach of Contact
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