Are sellers required to disclose the well's depth and age?

Sellers are not required to independently research the well's depth and age, but if they know this information from the original well completion report or other records, that information is typically shared. More practically, the TDLR well completion report filed at the time of drilling is a public record buyers can access directly. Sellers who have the completion report should make it available as part of due diligence.

Does a seller need to disclose a shared well agreement?

Yes. If the property shares a well with an adjacent property owner, that shared use arrangement — including any formal easements or informal agreements — must be disclosed. Shared wells affect the buyer's water rights and access and are clearly material facts.

Do sellers have to disclose if a neighbor's well is near their property line?

Sellers generally don't have an obligation to research their neighbors' well locations, and the location of a neighboring well is typically not a disclosure item on Form 61-0. However, if a seller knows a neighboring well is unusually close and may affect yield or water rights, that information might be considered material depending on the circumstances.

What if the property was never connected to city water but has a well completion report from decades ago?

Older wells may predate TDLR's online database, but the physical completion report and any available maintenance records should be provided to the buyer. The key disclosures are about known current and historical condition — if the seller knows nothing beyond the well's existence, that should be stated honestly on the disclosure form.

Must the seller disclose if the well has a low flow rate?

Yes — if the seller knows the well has a low flow rate or has historically struggled to meet household demand, that is a material fact that must be disclosed. A well that requires a storage tank system to meet demand, or that has run dry during drought conditions, affects the property's utility and value.

What if the seller installed a water treatment system — do they have to disclose why?

Yes. The presence of a water treatment or filtration system on a well property raises the obvious question of why it was installed. If the seller installed it to address a known water quality problem (iron, bacteria, arsenic, hardness), that condition should be disclosed along with the treatment system. The treatment system itself should be disclosed as a property feature.

What Must Sellers Disclose About a Private Water Well in Texas?

Texas law requires sellers to disclose material defects they actually know about — and for properties with private water wells, that disclosure obligation is meaningful. Here’s a comprehensive breakdown of what sellers must disclose, what they’re not required to research, and how to handle the gray areas.

The Legal Framework

Texas Property Code § 5.008 requires sellers of residential real estate to provide a disclosure notice in the form approved by TREC (Form 61-0). The standard is actual knowledge — sellers must disclose what they know, but they are not required to conduct inspections or tests they haven’t previously done.

Sellers cannot:

Knowingly conceal a material defect
Misrepresent a property’s condition
Ignore obvious red flags they’ve observed

Sellers may:

Answer “Unknown” to questions they genuinely cannot answer
Disclose a prior issue along with remediation documentation
Attach supporting records (test results, contractor invoices) to the disclosure

Mandatory Well Disclosures

1. Well Existence and Water Source

The seller must disclose whether the property is served by:

A public water utility
A private water well
A shared well with neighboring properties
A cistern or hauled water supply
Any combination of the above

If the property has both a domestic well and a separate irrigation well (even if unused), both must be disclosed.

2. Known Well Defects

Any known defect in the following must be disclosed:

Well casing condition or integrity
Pump (submersible or jet pump)
Pressure tank
Wellhead seal or cap
Electrical components of the pump system
Pitless adapter

A “defect” includes not just current failures but also known conditions that indicate imminent or likely failure — an old, corroding pump that’s been showing reduced pressure qualifies.

3. Water Quality History

Sellers must disclose:

Prior contamination events — bacteria, nitrates, arsenic, chemical spills, or any other contamination
Active water quality problems — ongoing treatment requirements, known contamination that has not been fully remediated
Water treatment systems — the presence of softeners, iron filters, UV systems, reverse osmosis, or other treatment equipment, and the reason for installation if known

4. Pump and System Repair History

Known repairs or replacements of the pump, pressure tank, pressure switch, casing seal, or other well components must be disclosed. This helps buyers understand the system’s maintenance history and the likely age of major components.

5. Groundwater Conservation District (GCD) Restrictions

If the property is subject to a GCD permit for the well, and if that permit includes use restrictions, pumping limits, or metering requirements, those must be disclosed. North Texas has several active GCDs including:

North Texas GCD (Collin, Denton, Cooke counties)
Upper Trinity GCD (Parker, Hood, Wise counties)
Northern Trinity GCD (Tarrant County)
Prairielands GCD (Ellis, Johnson, Somervell, Hill counties)

6. Abandoned or Unused Wells

The presence of any abandoned or unused well on the property must be disclosed, regardless of when it was last used or whether it was ever used for domestic supply. Texas law requires improperly abandoned wells to be plugged, and this obligation runs with the land to future owners.

What Sellers Are Not Required to Do

Sellers do not need to:

Test the water before selling
Have the well inspected before listing
Research the well’s original depth or driller from the completion report
Investigate neighboring properties’ well locations

These are buyer responsibilities. However, if the seller has had recent well service, water test results, or the original completion report, providing these documents voluntarily demonstrates good faith and often speeds up the transaction.

Protecting Yourself as a Seller

The safest approach for sellers is full, documented disclosure:

Pull out any records you have — water test results, pump invoices, GCD permits, completion reports
Answer Form 61-0 questions truthfully based on those records and your personal knowledge
Attach relevant documents to the disclosure
If you’re aware of a known issue but aren’t sure how material it is, consult a real estate attorney before the transaction rather than after

An honest disclosure protects the seller from future claims and builds buyer confidence during the due diligence period.

Buying or selling property with a private well?