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UncategorizedSeptember 26, 20140 comments

Well-Share Disputes

Owning a well is a major component of land and home ownership in the moisture-starved terrain of southern Arizona.  Many times, drilling and maintaining a well proves costly for a single owner.  As a result, well-share agreements — wherein multiple parties sign an agreement setting forth each party’s respective obligations with regard to the ownership and maintenance of a well — are commonplace in Arizona.  The success of a well-share agreement, however, depends on mutual respect and accountability between and among the parties.  Sadly, neighbors do not always agree or treat each other fairly.  The attorneys at Munger, Chadwick & Denker are experienced both in drafting well-share agreements and in litigating disputes that arise between and among parties who, for whatever reason, are unable to resolve disputes with regard to the ownership and maintenance of a well.  Recently, attorneys David Ruiz and John Munger, on behalf of a southern-Arizona landowner who paid for half of a well, successfully compelled an unwilling neighbor on whose land the well sat, to execute a well-share agreement establishing joint ownership of the well and a continuing and mutual duty to maintain it.