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.
Latest Posts
Understanding UCC Article 2
In the realm of commercial transactions, Uniform Commercial Code (UCC) Article 2 plays a crucial role in governing the sale of goods. It establishes a...
Ninth Circuit Revives Facebook Shareholders’ Data-Privacy Fraud Claims
In a recent decision sure to produce ripple effects in many legal cases involving commercial litigation and data privacy, the Ninth Circuit Court of...