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Off site well

retire09

Silver Member
Joined
Feb 19, 2010
Messages
365
Location
Alaska
I have an application for a permit to build a house that will be served by a well on an adjacent lot belonging to the same owner.

I have always been of the understanding that no plumbing, electric,gas or any lines should ever cross a property line unless in an easement.

Is there anything in code that would disallow this condition?

The problem I see, is if the house is ever sold with only the lot it sits on; it will no longer have a well.

How or should this be avoided?
 
Not in Building Code, but we have language in our Zoning Code allowing similar situations (not wells) provided the adjoining lots are owned by the same party.

If a sale of one lot occurs, each lot must come into compliance individually.
 
Not a good plan, but from a IRC standpoint, I agree with Rick. I would say that's where due diligence comes into play for any future buyers, that they obtain some sort of easement or agreement prior to purchase.
 
= ( - ) =

This type of 2 - lot development is not uncommon, but it DOES need to be

officially documented and recorded at the applicable county seat, or wherever

the official AHJ property documents are kept.

Have the owner of the 2 lots have an official survey performed and to record

all activities of both lots..........This official survey should be recorded in to the

official property records, and have a copy sent to the AHJ.

The lots owner should bear all costs!

= ( - ) =
 
Just last week we had a similar situation come up, only this one is several years after the well had been drilled.

Two parcels owned by the same person. SFD on parcel A. Parcel B vacant except for the well that serves the parcel A SFD.

The owner of the two parcels had let parcel A, with SFD but no well, go back to the bank.

The bank sold parcel A through an auction.

The owner of parcel B, with the well, now wants to build a new SFD and use "his" well.

The owner of the SFD on the parcel A didn't know his water came from a well on the adjacent property.

So the question came to our office, can the owner of the well shut off parcel A's water?

We advised to talk to the neighbor and work out a deal, and yes the owner of the SFD will have to drill a new well.

We also tried to tell owner of parcel B (original owner of both properties) that it was her responsibility to have taken care of this problem before the other parcel was sold/returned to bank. But, of course, since money is definitely a problem here, she feels no obligation to do anything but cap the line going to the SFD.

So, moral of the story - document document document - and record easements and anything else that can be done to notify future buyers.
 
This is exactly the problems I am trying to avoid in the future but where is the code language that gives me the authority to require or deny anything that could prevent it?
 
Zoning or other similar code???

Do you require a building to have a water supply???
 
Building code wise....not sure but kick it up to Town Attorney, Planning and zoning, health...the "site" concerns have to be someones....

P2602.1 General. The water-distribution and drainage system of any building or premises where plumbing fixtures are installed shall be connected to a public water supply or sewer system, respectively, if available. When either a public water-supply or sewer system, or both, are not available, or connection to them is not feasible, an individual water supply or individual (private) sewage-disposal system, or both, shall be provided.

P2901.1 Potable water required. Dwelling units shall be supplied with potable water in the amounts and pressures specified in this chapter.

R306.4 Water supply to fixtures. All plumbing fixtures shall be connected to an APPROVED water supply. Kitchen sinks, lavatories, bathtubs, showers, bidets, laundry tubs and washing machine outlets shall be provided with hot and cold water.

I don't like to pull the "I am the APPROVER card", but I might in that case....
 
ccbuilding said:
Just last week we had a similar situation come up, only this one is several years after the well had been drilled. Two parcels owned by the same person. SFD on parcel A. Parcel B vacant except for the well that serves the parcel A SFD.

The owner of the two parcels had let parcel A, with SFD but no well, go back to the bank.

The bank sold parcel A through an auction.

The owner of parcel B, with the well, now wants to build a new SFD and use "his" well.

The owner of the SFD on the parcel A didn't know his water came from a well on the adjacent property.

So the question came to our office, can the owner of the well shut off parcel A's water?

We advised to talk to the neighbor and work out a deal, and yes the owner of the SFD will have to drill a new well.

We also tried to tell owner of parcel B (original owner of both properties) that it was her responsibility to have taken care of this problem before the other parcel was sold/returned to bank. But, of course, since money is definitely a problem here, she feels no obligation to do anything but cap the line going to the SFD.

So, moral of the story - document document document - and record easements and anything else that can be done to notify future buyers.
The owner of parcel A will be the victim of inadequate disclosures related to a real estate transaction. I don't think that the owner of parcel B can Willy-nilly shut off Parcel A's water. Even in Alaska. Well maybe in Alaska but here in California, you mess with someone's water, you've got some explaining to do.
 
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