Property Q&A in 85262>Question Details

Panco, Home Owner in 85262

The cc&rs on property in Maricopa county, AZ, are inappropriate and should have been a well-sharing agreement. No HOA here. ?

Asked by Panco, 85262 Tue Feb 14, 2012

Recorded CCRs were hastily drawn up by developer and do not apply to rural area of home sharing a well with 4 other homes. Should I file civil lawsuit to vacate ccrs and replace them with well sharing agreement? Two holdouts and one abandoned home currently (unknown) bank owned. All we share is the well, electricity bill and well maintenance.

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Answers

7
Dear Panco:

This is a LEGAL question that needs to be answered by a lawyer.

Chris Combs SPECIALIZES in Real Estate law, below is his contact information

2200 East Camelback Road
Suite 221
Phoenix, Arizona 85016

Phone: (602) 957-9810
Fax: (602) 955-4712

Or by Email at:
info@combslawgroup.com
1 vote Thank Flag Link Tue Feb 14, 2012
I would recommend reaching out to Attorney Bill Kozub (http://bkl-az.com/william-kozub.html), he is in North Scottsdale as well.
0 votes Thank Flag Link Wed Feb 15, 2012
It is an unincorporated area. Purchase was in 1998 and no such disclosure. All was learned about the well by me when I had to correct ownership records and register the well properly. I just want to get rid of the ccrs (which mean nothing to any of the 5 properties) by replacing them with an appropriate well-sharing agreement. I have an appropriate document ready.
0 votes Thank Flag Link Tue Feb 14, 2012
Are you in a un-incorporated area? If so you should have received a un-incorporated disclosure that discussed the details of the well and the area.

Patricia Cain
Ascend Real Estate LLC
pcainrealtor@yahoo.com
0 votes Thank Flag Link Tue Feb 14, 2012
Thanks for your interest and responses. The CCRs already have a basic well-sharing system outlined. To change the recorded ccrs requires 75% of 5 property and that I cannot calculate! Two want no changes and one is absent owner.
0 votes Thank Flag Link Tue Feb 14, 2012
I agree the cc&rs can always be amended by a majority you probably don't need the 4th pty to agree especially as it is bank owned
0 votes Thank Flag Link Tue Feb 14, 2012
Why not just supplement with well sharing agreement?
If you cannot get your neighbors to agree then consider legal action.
0 votes Thank Flag Link Tue Feb 14, 2012
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