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Craig, Home Owner in Plymouth, WI

Shared well agreement... What is typically included in repair costs? Can the other owner refuse to pay monthly fees? Can I win in small claims court?

Asked by Craig, Plymouth, WI Tue Nov 16, 2010

Well pump failed and was replaced. What other costs can be considered repair costs? Post repair chlorination? Post repair water test? Other owner also refused to pay monthly fees because he never signed the agreement. The recorded agreement states that it follows the land and all successors. He did not question making payment for 50% of the well pump replacement, but has refused to pay any other expenses or fees. The only issue that may confuse the situation is the well failure was discovered right after a failing water test that I needed so I could close on the sale of the house. I no longer own the house and can't exercise the clause to terminate the agreement and force him to drill his own well. Is a standard shared well agreement strong enough to win in small claims court?

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I would consult an attorney for this question. Even though your going through the sale of your home, there sounds like there are more issues involved that what a realtor could help you with. Unfortunately, you'll have to have an attorney look over everything and give his opinion, and tell you whether the agreement should go through small claims. Good Luck!
0 votes Thank Flag Link Wed Nov 17, 2010
Unfortunately, this is mostly a legal question that should be answered by an attorney that has reviewed the documents involved.
Good Luck!
0 votes Thank Flag Link Tue Nov 16, 2010
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