How do I create or enforce a shared-well agreement that spans county lines? – North Carolina

Short Answer

In North Carolina, put the shared-well terms in a signed, notarized written agreement that creates an easement and sets maintenance and cost-sharing rules, and record it with the Register of Deeds in every county where any benefitted or burdened parcel lies. Recording gives notice to future buyers and lenders. To enforce an existing agreement, file a civil action in the county where the well or affected land is located and record a notice of the lawsuit (lis pendens) in each affected county.

Understanding the Problem

You need to know whether you can create or enforce a shared-well agreement under North Carolina real estate law when your property sits near a county boundary. The core question: How do you document rights, access, maintenance, and cost sharing so the agreement binds future owners and can be enforced if a neighbor refuses to cooperate?

Apply the Law

Under North Carolina law, rights to use a well on one parcel for the benefit of another are typically created as an easement paired with recorded covenants. To bind later buyers and lenders, you must record the agreement in the public land records. For enforcement, disputes over land rights are heard in the county where the land lies; if parcels are in different counties, you record notice of the dispute in each county’s land records.

Key Requirements

• Written, notarized agreement: A clear, signed document that grants well and access rights, and is acknowledged before a notary so it can be recorded.
• Precise property descriptions: Identify each benefitted and burdened parcel by legal description and current deed reference; attach or reference a plat if helpful.
• Easement and access terms: State the right to use the well, access for maintenance, and rights to locate/maintain power lines or service equipment.
• Maintenance and cost sharing: Allocate routine upkeep, repairs, testing, power costs, and replacement; set decision-making and emergency procedures.
• Runs with the land: State that rights and obligations bind successors and assigns, with assignment/transfer provisions.
• Priority and lender issues: If a deed of trust already encumbers a parcel, obtain lender consent or subordination so the easement is not cut off.
• Recording in all affected counties: Record the agreement with the Register of Deeds in each county where any part of the well, access, or affected parcels lie.

What the Statutes Say

• North Carolina Gen. Stat. § 47-18 (Connor Act) – Certain real-property interests (like easements and covenants) are not effective against purchasers or creditors until recorded.
• 15A NCAC 02C .0100 (Private Well Construction Standards) – State well standards; local health departments apply these standards and may require documentation for shared uses.

Analysis

Apply the Rule to the Facts: Because the properties are near a county boundary, record the shared-well easement and covenants in each county where any benefitted or burdened land is located so future owners are bound. Spell out maintenance and cost-sharing to avoid ambiguity. If the neighbor stops cooperating, file for declaratory and injunctive relief in the county where the well or access easement sits and record a lis pendens in every affected county so buyers and lenders have notice.

Process & Timing

1. Who files: The participating property owners (or their attorney). Where: Register of Deeds in each North Carolina county where any affected parcel or the well/access lies. What: A “Shared Well and Easement Agreement” with legal descriptions, deed references, signatures, and notarizations; include lender consents if needed. When: Before sale, refinance, or connection to the well; record early to protect priority.
2. After recording, exchange fully recorded copies between owners. If a dispute arises, file a civil action (e.g., for declaratory judgment and injunction) in the appropriate county and record a lis pendens in each county where affected land is located. Local scheduling and timelines vary by county.
3. Final step: If litigated, expect a court order interpreting/enforcing the agreement and, if warranted, injunctive relief. If resolved by agreement, record any amendment or release so the land records remain accurate.

Exceptions & Pitfalls

• Not recording in all affected counties can leave later buyers or lenders unbound—always record wherever the land or access runs.
• Vague descriptions or missing access/power rights make maintenance impossible—use clear, survey-quality descriptions and address utilities.
• Lender priority: If an existing deed of trust is senior, the easement can be wiped out by foreclosure—obtain written subordination or consent.
• Health rules: County environmental health departments apply state well standards and may have local requirements for shared wells; check before you build or modify connections.
• Enforcement gap: If the agreement lacks dispute procedures, courts can still enforce, but you may face delays—add notice, cure, cost-shifting, and mediation provisions.

Talk to a Real Estate Attorney

If you’re dealing with a shared-well agreement near a county line and need to document or enforce rights, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.