TITLE TALK

Well, Well, Well…

« TITLE TALK / Well, Well, Well…

So, you have a property with a well within the boundaries of your property, or you have an interest in a well outside of the boundaries? Let’s talk about it!

What is a well??? A pipe drilled into the ground, with a pump, to access the water contained in an aquifer or underground layer of water!

In June of 1980, the Arizona Department of Water Resources sent out a form to all known well owners of wells in 1980 and prior to registering their well with ADWR and receiving a well number.  Anything after 1980 should receive a well number after submitting a Notice of Intent to Drill or Application for Permit to Drill. If for whatever reason, the well was never registered, there is a process that the new owner would need to complete known as the Late Well Registration form.

If a well is within the boundaries of your property, while in Escrow, you will sign and complete a Request to Change Well Information form or a 55-71A. Pioneer Title’s sole responsibility will be to mail said form along with the transfer fee (at the expense of the party as indicated by the AAR Domestic Water Well Addendum to the Purchase Contract or Well Transfer Supplement) to ADWR.

If the well is not within the boundaries of your property, even if an interest is being conveyed, no form or request will be submitted. Pioneer Title should never write up an agreement for an interest to a well but will gladly point you in the right direction on how to get one written up by going to a Real Estate Attorney.