On 09/13/2015 12:44 AM, NG wrote:
I share a well with my neighbor we have 2 dwelling condo. My unit concest
of myself, and her unit has 3 people as of now. We share the following
which are all connected to my electric Meter... well pump, water
conditioner system, electric base board heater
that keeps the pump room warm during the winter all in a room in my
garage. Also a sprinkle system that shared on the front property. It's a
50/50 shared property. She had nationally agreed with hand shake when
she bought the unit next to me back November 2014, I came up with a
charge $ 50.00 which she agreed and was paying this till past May 2015

....

What do the actual legal ownership documents of the property state
regarding the well (if anything)?

If there isn't some written contract you're basically on your own as at
present the well is on your meter and you're the one responsible for
that meter.

It is, of course, reasonable that costs for shared utilities be shared,
but that arrangement should have been formalized prior to occupancy and
a way to enforce it made then.

The solution in the present situation case would likely be based on
putting the well on its own meter and also installing water metering to
ratio the use between the two properties if you've not willing to just
use the suggested usage meter and back that from the monthly bill which
would roughly accomplish the same objective. Unless you have some basis
for ratioing the water usage to cause different split you could try
compute some ratio based on occupancy considering how much the
landscaping might be as a fraction of the total that, I presume, would
be 50:50. And, of course, the agreement needs to also cover shared
maintenance costs and repairs, not just monthly operational cost.

You can, of course, go to small claims court to recover past owings;
you'll have to draft a contract going forward and after the sale instead
of as part of that transaction it'll likely be somewhat more difficult.
I've no idea on the actual legal rights; that would, I suspect be
based on locality and you'll probably do need some advice from a
professional there on how to proceed.

The cleanest going forward certainly would be to split the utilities
entirely with separate wells but that'll no doubt be more expensive in
the short term for both and undoubtedly more expensive going forward as
well as each property then will have full maintenance costs of a system
rather than sharing for one.