Legal-Ease: Share a well, share a headache

Lee R. Schroeder is an Ohio licensed attorney with Schroeder Law LLC in Ottawa. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at or at (419) 523-5523. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.

For many, building a home is a dream come true. But many don’t realize some potential hidden costs of building. When building outside a city, one of these costs is drilling a well. Some homebuilders choose to save money by tapping into a neighbor’s well.

While this is a legal practice, the headache and difficulties it causes often aren’t worth it. There are many things that need to be agreed upon and getting those details in writing can be difficult.

Although it may seem like a more beneficial idea at the time, and some problems can be worked through, drilling an individual well is almost always the better idea.

In northwest Ohio, the dream of a brand new house is often conceptualized in an idyllic country setting in the midst of quiet cornfields, friendly neighbors and unlimited fresh air.

Initially, many of those who seek to build a new home will identify a relative or acquaintance who owns farmland who agrees to “survey off” a few acres to accommodate the new house. As the list of incidental expenses not always included in a general contractor’s price quote (government permits, a mailbox, driveway, sidewalks, etc.) arise, money can get tight, and corners are cut so that the dream can still happen. Who wants to admit that they failed to heed the lesson in the Bible’s Luke Chapter 14, Verse 28, by failing to adequately budget.

Read Lee’s full article on wells and real estate in the Lima News here: Legal-Ease: Share a well, share a headache, Legal-Ease: Share a well, share a headache; by Lee R. Schroeder, February 27, 2014.

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