Can You Sell Property with an Abandoned or Unused Water Well in Texas?

Quick Answer

Yes, but disclose all abandoned wells on TREC Form 61-0. Plugging may be required — the obligation transfers to the buyer if left unaddressed at closing.

Properties throughout North Texas sometimes have old unused wells — a former domestic well replaced by a new drilled well, an irrigation well from a prior agricultural use, or a test well from a failed project. These wells must be handled correctly in a property sale.

Texas Law on Abandoned Wells

Texas Water Code § 32 and TDLR regulations require that abandoned wells be properly plugged to prevent:

Contamination of groundwater by surface water draining into the well
Cross-contamination between aquifer layers
Physical safety hazards from open wellbores

An “abandoned” well is generally one that is no longer used, no longer monitored, and not maintained to prevent contamination. A capped but functional well on standby is not the same as a corroded, open-bore wellbore that’s been ignored for 30 years.

Disclosure Requirements

Under TREC Form 61-0, sellers must disclose the existence of all wells on the property — active, unused, and abandoned. This includes:

Old domestic wells replaced by newer wells
Irrigation wells no longer in use
Test wells or dry holes from prior drilling attempts
Hand-dug or bored wells from historical use
Any well whose status is unknown but whose physical evidence (casing, wellhead, depression) exists on the property

Failure to disclose a known abandoned well is a material non-disclosure that can expose the seller to post-closing liability.

Does the Seller Have to Plug the Well Before Selling?

Texas law does not automatically require a seller to plug an abandoned well before closing. The typical options are:

Option 1: Seller Plugs Before Closing

The cleanest outcome. The seller hires a TDLR-licensed well plugger, obtains a plugging permit, completes the work, and receives a plugging certificate from TDLR. This eliminates the issue from the transaction and transfers a clean property to the buyer.

Option 2: Seller Provides a Closing Credit

The seller discloses the abandoned well and agrees to provide a credit at closing to cover the buyer’s cost of plugging. Plugging costs in North Texas typically run $1,500–$5,000 depending on depth and accessibility. The buyer takes on the obligation but has funds to address it.

Option 3: Buyer Accepts the Obligation As-Is

If the buyer is aware of the abandoned well and accepts the property with the well unplugged, the plugging obligation transfers to the buyer at closing. This should be explicitly addressed in the contract to avoid disputes.

Plugging Cost Factors

Factor	Impact on Cost
Well depth	$10–$30 per foot of casing to fill
Accessibility for equipment	Remote or obstructed wells cost more to mobilize to
Casing material	Steel vs. PVC affects fill methods
Age and condition	Caved or corroded casing may require additional work
TDLR permit fee	Typically $50–$150

A typical 200–400 ft domestic well in North Texas costs $1,500–$3,500 to properly plug. Deeper wells or those with complications can run higher.

TDLR’s State Assistance Program

Texas has a State Well Plugging Program that plugs orphan wells at state expense in some circumstances, primarily for wells that pose imminent contamination risk and where the owner cannot be identified or is financially unable to comply. Most residential property transactions don’t qualify, but it’s worth being aware that TDLR does have an active plugging program.

Practical Advice for Sellers

If you know or suspect there are old wells on your property:

Walk the property and identify all wellheads before listing
Search TDLR’s database for recorded well completions at your address
Get a plugging quote from a licensed contractor — knowing the cost helps you plan for negotiations
Disclose all findings on TREC Form 61-0, even if you’re not sure of a well’s exact status
Decide early whether to plug before closing or offer a credit — surprises during the option period slow transactions

Frequently Asked Questions

What makes a water well 'abandoned' under Texas law?

Under Texas Water Code and TDLR regulations, a water well is considered abandoned if it is no longer used for its original purpose, is not maintained in a condition that prevents groundwater contamination, or has been out of service for an extended period without proper capping or monitoring. A well that is simply unused but has a proper sanitary cap and sealed casing may not technically be abandoned — the critical factor is whether it poses a contamination risk.

Who is responsible for plugging an abandoned well after a property sale?

The obligation to plug an improperly abandoned well runs with the land. If a seller discloses an abandoned well but does not plug it before closing, the buyer inherits the legal obligation to plug it. If the seller fails to disclose an abandoned well and the buyer discovers it after closing, the seller may be liable for plugging costs as a non-disclosure claim.

Can I sell property with an unplugged abandoned well?

Generally yes — Texas does not require sellers to plug abandoned wells before closing unless ordered to do so by TDLR or a local authority. However, the well must be disclosed, and the buyer takes on the plugging obligation. Buyers can negotiate for the seller to handle plugging before closing or provide a credit to cover plugging costs.

How do I find out if there are abandoned wells on property I'm buying?

Start with TDLR's online well database at tdlr.texas.gov, which lists completed well records by location. Also review historical aerial photos (available through USGS Earth Explorer), ask the seller directly, and walk the property looking for wellheads, old casing pipes, or depressions in the soil. An experienced well contractor can identify old wellhead locations during a property inspection.

What is the penalty for not plugging an abandoned well?

TDLR and the Texas Railroad Commission have enforcement authority over improperly abandoned wells. Penalties can include administrative fines and orders to plug the well at the owner's expense. If a contamination event is traced to an unplugged well, liability for remediation costs can be significant.

Does a plugged well affect property value?

A properly plugged well — with documentation — generally has minimal negative impact on property value. An undisclosed or improperly abandoned well, on the other hand, creates legal liability and can complicate financing, title insurance, and future sales. Plugging the well and documenting it properly is almost always the better path.

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