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> > JohnnieMarr wrote:
> > > I share a well with my neighbor. �For both of us, the well and pump
> > > were supplied by the developer who old us the land on which we built
> > > last year. �Both houses use the well and pump, but only one house
> > > supplies the electricity--and that's our house! �We agreed that we
> > > would pay for the electricity along with the rest of our electricity,
> > > but our neighbor should pay us half the cost of the electricity
> > > required to run the pump.
>
> > that last sentence contains the answer.
>
> > how is this agreement spelled out, in legal terms? on your closing statement, on deed,
> > gentlemen's handshake, what?
>
> > I would suggest you sit down with neighbor and spell out a simple paper where he
> > agrees to pay you a monthly stipend which includes a future fee for not only the
> > electric use (that can not be more than $15 per month) plus some amount for
> > depreciating the hardware, plumbing, tanks, lines, supplies for parts and repairs for
> > existing equipment.
>
> > there is no need to create tension due to this situation, so my quick solution would
> > be to create a paper which you both sign and have 2 witnesses for signatures, >
> Unfortunately, the stage is already set for tension to be created.
> For example, he says they agreed to split the cost of the electricity,
> but apparently no mention was ever made of splitting anything else.
> So, now trying to get the neighbor to pay more could very easily
> create tension, even if he goes about it very nicely and is 100% > right.
>
> I agree with the advice to check the closing documents. � This
> arrangement should have been spelled out in the deeds or a seperate
> agreement at closing. � Who's land is the well and pump eqpt actually
> on? � Did you use an attorney at closing? � Was he aware of this
> situation and what did he say?
>
> If there are no terms specified anywhere, then I'd figure out what the
> estimated life of the well and eqpt is. �I'd figure in a yearly
> depreciation and have the neighbor pay you half. � �As for the
> electric, you can estimate that too, by knowing the operating draw of
> the pump and how long it runs on average. � There are devices like the
> kill a watt gizmo that will tell you how much electric a device uses
> by the day, week, etc. �Of course, you still don't know for sure,
> because one house could use 3X the water of the other. �For example,
> suppose the neighbor installs a lawn irrigation system?
>
> Then, you need to keep track of the payments over time that the
> neighbor is making towards his half of the depreciation. � If it turns
> out replacement is needed, for example if the pump were to fail, then
> at that time you would credit the amount paid for depreciation of that
> particular item against the neighbors share of the replacement cost.
> The agreement should spell out that any excess is to be split between
> the parties. �It should also spell out that for any routine repair, as
> opposed to replacement, the cost will be split.
>
> In general, as you are beginning to find out, this is usually a bad
> situation that leads to trouble. � For the cost of the well and eqpt,
> it's just not worth it. � It's better to have paid any extra $5K up
> front and not have to deal with this, because sooner or later, it
> could very easily cost you more than that in legal fees and
> headaches. �An obvious point where that headache will come into play
> is when you go to sell your home? � It's not too likely that the next
> buyer will overlook this as you did.
>
> �ie. we
>
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>
> > have agreed that our neighbor pays $20 per month which includes all electric and parts
> > existing or any repairs now and in the next 24 months - this agreement will stay in
> > force until Feb 2010 at which time it will be renegotiated based on then prevailing
> > utility rates and consideration to equipment age and any repairs that may need to be
> > performed in the next 12 months as of Feb 2010
>
> > should your neighbor not agree to these terms, make every attempt to come to a
> > mutually agreeable solution without appearing to be taking advantage of the status now- Hide quoted text -
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you could put a water meter on his feed. set a rate and read 3 times a year. enough to cover electric and killers like pump replacements
i would be concerned at home resale time. YOU will have trouble selling your home with this entalgment with your neighbor
did other homes do the same thing?