Neighbor wants well/septic agreement

[dogluvr]

My husband and I have 20 acres land which we intend to build on sometime soon. The neighbor is having to drill a new well which will feed two houses, and will be drilled approximately 30 - 60 feet or less from the property line. He has called to say that he would like to have us sign an agreement saying that we will not put a septic system within 100 feet of the well head, and upon our saying yes, the neighbor said he would get an agreement drawn up on a future date and go ahead with his drilling. We said no, let's just get together within a few days and get one signed before he begins so that no one is compromised. Based on the former information, (1) isn't it standard in Washington State law that one can't put a septic within 100 feet of any well anyway, and isn't it standardly written into any real estate sales contract? (2) Does it matter as we wouldn't be dumb enough to put a septic so close to a well anyway? (3) Is an agreement like this a wise choice, and what should it contain? I am concerned because, so far, he has had very little common sense concerning his development choices. Thank you for your advice.

 

[seniorjudge]

(1) isn't it standard in Washington State law that one can't put a septic within 100 feet of any well anyway, and isn't it standardly written into any real estate sales contract?

A: Ask the clean water folks up there what statutes there are governing such stuff.


(2) Does it matter as we wouldn't be dumb enough to put a septic so close to a well anyway?

A: Rhetorical question.



(3) Is an agreement like this a wise choice, and what should it contain? I am concerned because, so far, he has had very little common sense concerning his development choices.

A: I personally would not want anything to do with the guy.

 

[dogluvr]

seniorjudge, thank you for your input. I too, personally, would rather have as little to do with this person as possible, however, my other half wants to keep as benevolent a relationship with the guy as possible until he's sold all of his property and out of the picture. I've since found out that one of the new houses he has built ran out of water within four days of closing, hence the rush to put in a new well. Therefore, I can only gather as much advice and information as possible, try to council my other half as best I can, and hope he makes the right choice. Would you recommend a source for a simply agreement for this instance just in case we get together with him and find him with a hand written note? (I wouldn't put it past him). Thank you again.

 

[seniorjudge]

my other half wants to keep as benevolent a relationship with the guy as possible until he's sold all of his property and out of the picture

This is not the way human nature works; the more you give, the more he will want.

Stay away.

Stay away.

Stay away.

 

[dogluvr]

I have found out that according to WAC code in Washington State, a person drilling a well must get restrictive covenants from adjacent properties to not place septic systems within 100 feet of the well area, and the well cannot be within 50 feet of public rights-of-way.