What Is a Shared Well Agreement in New Hampshire Real Estate?

🏡 What Is a Shared Well Agreement in New Hampshire Real Estate?

Shared wells are common throughout New Hampshire — especially in rural towns like Plymouth, Campton, Thornton, Rumney, Ashland, and Dorchester — where multiple homes rely on the same private well for water.

A Shared Well Agreement is a legally binding document that outlines how the well is used, maintained, and paid for by all properties connected to it.

Here’s what buyers and sellers must know before purchasing a home with a shared well.

⭐ What Is a Shared Well Agreement?

A shared well agreement is a written contract that details:

✔ Which properties use the well

✔ Water rights for each home

✔ Responsibility for repairs and maintenance

✔ Cost-sharing procedures

✔ Access rights for service or repairs

✔ Rules for water testing and quality

✔ Power supply responsibility (who pays the pump electricity)

Without a proper agreement, disputes or lending issues can arise.

⭐ Why Shared Wells Exist in NH

Shared wells are common due to:

• Older camps converted to year-round homes

• Subdivisions carved from larger parcels

• Limited drilling locations on ledge or steep terrain

• Seasonal communities around lakes and rivers

• Rural land where multiple cottages were added over time

They work well — but only with a proper agreement.

⭐ What a Good NH Shared Well Agreement Includes

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Maintenance Responsibilities

Who pays for pump replacement, pressure tanks, repairs, and service calls.

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2. Cost-Sharing Formula

Equal split? Per-household? Usage-based?

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3. Access Rights

Allows neighbors to enter land to inspect or repair the well.

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4. Electricity for Well Pump

One home often powers the pump — agreement reimburses that owner.

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5. Water Quality Testing

How often tests are done, and who pays.

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6. Limitations on Usage

Rules to prevent overuse, additions, or tying in extra dwellings.

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7. Emergency Protocols

What happens if the well fails or needs replacement.

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8. Binding on Future Owners

Must be recorded so it stays with the property.

⭐ Do Lenders Require a Shared Well Agreement?

Yes — most lenders, including FHA, VA, USDA, and many conventional lenders, require:

✔ A written, legally binding agreement

✔ Clear maintenance responsibilities

✔ Recorded documents

✔ Proof the well can supply adequate water (GPM test)

Without an agreement, a loan may be delayed or denied.

⭐ The Risks of Buying a Home Without a Shared Well Agreement

Homes without an agreement may face:

• Neighbor disputes over repairs

• Uneven cost-sharing

• Abandonment of responsibility

• Unreliable water access

• Lender refusal

• Legal conflicts if access is blocked

Always make sure the agreement is recorded, not just verbal.

⭐ Can a Shared Well Agreement Be Updated?

Yes.

Neighbors can rewrite and re-record the agreement to:

✔ Add new homes

✔ Remove old users

✔ Update rules

✔ Adjust cost-sharing

✔ Address wear-and-tear or increased demand

Your closing attorney can help draft revisions.

⭐ Bottom Line

Shared wells work extremely well in New Hampshire when supported by a clear, written agreement.

Before closing, buyers should confirm:

✔ A recorded shared well agreement exists

✔ Water flow meets lender standards

✔ Responsibilities and costs are clearly defined

✔ Electric power for the pump is addressed

✔ Access rights are documented

A proper agreement ensures reliable water, fewer disputes, and a smoother transaction in Central NH.

⭐ Keywords

nh shared well agreement, new hampshire well rights, plymouth nh shared wells, campton nh rural water, thornton nh private well rules, rumney nh water access

Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com