Pipe Creek, TX asked in Contracts and Real Estate Law for Texas

Q: Texas shared well agreement.

We are financing our home through an estate trust. The deceased previous owner signed a shared well agreement with the previously owned neighbors lot. Under this agreement the neighbors have to pay a monthly fee for water and share in any repair bills for the well. It also says if the neighbors move in full time, the agreement will be renegotiated. We were handed a copy of this agreement at closing on the house. Our names are not on this agreement. The neighbors have never paid us a dime and have moved in fulltime. Do we have to honor this agreement? Can we shut the water off? Our worry is they will run the well dry. We called the county and they stated its illegal. However the agreement is filed with the county.

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1 Lawyer Answer
Ricardo Guerra
Ricardo Guerra
  • Houston, TX
  • Licensed in Texas

A: If a contract pertains to the use of land it is possible that the contract 'runs with the land' and therefore passes on to subsequent owners. However this is not automatic and will depend on the language within the contract and the intent of the original parties. The one thing that can be determined by your question is that shutting off water without a court order in this particular situation can end very badly for you. You should find a competent real estate attorney that can evaluate the agreement and give you a full legal opinion.

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