Does the shared well agreement "run with the land" as it says in the recorded docuument (in prev owners name, not mine).

Asked over 5 years ago - Phoenix, AZ

10. All rights and obligations under this agreement shall be binding upon and insure to the benefit of the successors and assigns of the parties. All rights and agreements run with the land and shall apply to any and all persons hereinafter acquiring any interest in ‘Exhibit C and to any future parcels that may be created’.

Echibit C describes the other parcels that share the well. I am buying this property and want to be sure I do not need any specific share well statement other than this share well agreement that was recorded in the original owner’s name. Thank you

Attorney answers (1)

  1. Jonathan A Millet

    Contributor Level 14

    Answered . It appears from the language that you cite that the shared well agreement passes with the land and the belongs to the land owner, not a specific individual. But the only way to get a definite opinion is to have an attorney review the document. If you are concerned, you should have the real estate contract and the well agreement reviewed by a local attorney practicing real estate law. A one to two-hour consultation should cost about $200.00 to $500.00.



    Legal Disclaimer: I am not your attorney. The only method of establishing an attorney--client relationship with me is by a retainer and fee agreement signed by me, which is not offered via this site. The information given is not legal advice and is for general information only. My answer is limited to the facts presented and may not be complete or applicable to your situation. My answer is given upon the condition that you will contact an attorney licensed in your state to receive legal advice that applies to your particular situation.

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