Well Water Problems When Buying or Selling Country Property in Ontario

If you are buying or selling a country property, the well is not a detail. It is your drinking water, and a problem with it can turn into a dispute after closing. People often search for help only once the water tastes wrong or a test comes back badly.

This article explains the well-related rules that affect rural property in Ontario, including septic systems that sit close to wells. It also explains where the answer turns on your own facts, such as what was said before the sale, so you know when to speak to a lawyer.

Why wells and septic systems go together

On most rural lots, the well and the septic system share the same piece of land. If the two are too close, or the septic system is failing, it can affect the water you drink. That is why the Ontario Building Code sets minimum distances between them.

Part 8 of the Building Code governs septic systems with a design flow of up to 10,000 litres per day. The local municipality usually enforces it, but in some areas a board of health or a conservation authority does.

Distances a septic system must keep from a well

The Building Code sets clearance distances for the parts of a septic system. A septic treatment unit must be at least 15 m from a well and 15 m from a lake, river, stream, pond or reservoir. Distribution piping must be 15 m from those waters and 30 m from a well. Both must be at least 3 m from a property line.

There is an exception for cased wells. Distribution piping or leaching chambers need only 5 m from a well that has a watertight casing to a depth of at least 6 m, instead of the 30 m required for other wells.

Permits, inspections and upkeep

Every septic installation, repair or upgrade needs a permit and must be inspected. A municipal building permit is also needed to install, alter or repair an on-site sewage system, and permits come from the municipality's building department.

Upkeep matters too. Septic tanks and other treatment units must be cleaned whenever sludge and scum fill one-third of the tank's working capacity. In areas designated under source water protection (Clean Water Act), on-site sewage maintenance inspections are mandatory.

• Ask the seller for permits and inspection records for any septic work.
• Ask when the tank was last cleaned and who did it.
• Ask whether the property is in a source water protection area.

Disclosure and remedies: what depends on the facts

Whether a seller had to tell a buyer about a water problem, and what a buyer can do afterward, depends on what the seller knew, what was said or left out, and what the purchase agreement provides. These points are fact-specific, and a lawyer can review your situation.

Other rural features can also affect a property without showing on title. Municipal drains under the Drainage Act are not registered on title but can restrict a property. Drainage assessments are charged to whoever owns the property when the bill is issued, unpaid assessments have priority lien status, and a previous owner's petition continues to bind new owners. Buyers should ask the municipality for written confirmation.

Sellers can reduce disputes by being open about what they know and keeping paperwork. Buyers can reduce risk by asking questions in writing and having the water tested before the deal becomes final.

What to do next

• Ask for a water test as a condition of the purchase, and keep the results.
• Gather septic permits, inspection reports and pumping records.
• Check where the well sits compared with the septic system and nearby water.
• Ask the municipality in writing about drains and assessments.
• If water has already gone bad after closing, keep records and speak to a lawyer promptly.

Frequently asked questions