A Shared Well Agreement is a legal document that outlines the terms and conditions under which multiple property owners share water sourced from a single well. This agreement not only details the rights and obligations of each party involved but also ensures the maintenance and operation of the shared water system. For those involved in such arrangements, filling out this agreement accurately is crucial; click the button below to complete the form.
The Shared Well Agreement form is a critical document designed to formalize the relationship between parties sharing a well and water distribution system. It articulates the rights and responsibilities of both the supplying and supplied parties regarding the use and maintenance of the well, which is vital for domestic water consumption. This Agreement outlines the specifics of each party's property, known as Parcel 1 and Parcel 2, and establishes their shared commitment to ensuring a reliable water supply. Key provisions include the designation of an annual fee for well usage, shared expenses for maintenance and operation, and detailed conditions under which water can be drawn, including the prohibition of filling swimming pools. Additionally, the form specifies the obligations related to repairs, easements for access, emergency protocols, and procedures governing the termination of the Agreement. The well's capacity for household use is confirmed, and provisions for the event of contamination or the availability of alternative water sources are included. Consequently, this Agreement serves not only to facilitate equitable sharing of resources but also to protect the interests of current and future property owners connected to the well system.
Shared Well Water Agreement
This Agreement, made and entered into this ____day of __________ by and between
_____________________________, who resides at _____________________________
_____________________________ (street address, city, county, state, zip code), hereinafter
referred to as the "supplying party," and _____________________________, who resides at
__________________________________________________________ (street address, city,
county, state, zip code), hereafter referred to as the "supplied party:”
WHEREAS, the supplying party is the owner of property located at
county, state, zip code), which property is hereafter referred to as “Parcel 1” and is more fully described as follows:
___________________________________________________________________________
(Put Legal Description of Property Here)
WHEREAS, the supplied party is the owner of property located at
county, state, zip code), which property is hereafter referred to as “Parcel 2” and is more fully described as follows:
WHEREAS, the undersigned parties deem it necessary to provide a well system to service the parcels described herein, and an Agreement has been reached relative to supplying water from the well and sharing the cost of supplying said water; and
WHEREAS, there is located a well upon the above described property of supplying party; together with water distribution facilities, hereinafter referred to as "water distribution system", for the purpose of supplying water to all properties connected to the said water distribution system; and
WHEREAS, it is the intention and purpose of the undersigned parties that the well and water distribution system shall be used and operated to provide an adequate supply of water for each of the properties connected thereto, for the domestic consumption of the occupants of said properties, and to assure the continuous and satisfactory operation and maintenance of the well and water
distribution system for the benefit of the present and future owners, their heirs, successors and assigns of the properties connected thereto; and
WHEREAS, the said well is deemed by the parties hereto to be of adequate capacity to supply a single family dwelling on each of the parcels described herein with water from the well for all domestic uses of a single family residing therein; and
WHEREAS, the water from the well has undergone a water quality analysis from the State of
___________ health authority and has been determined by the authority to supply safe for human
consumption; and
WHEREAS, the parties hereto desire to enter this Agreement for the purpose of reducing to writing their respective rights and obligations pertaining to said well and water distribution system.
NOW THEREFORE, in consideration of the promises and covenants herein contained, it is agreed that the well and water distribution system situated on Parcel 1 shall be used by the parties to this Agreement, as well as by all future owners and occupants of said Parcels 1 and 2, upon the following terms and conditions:
1.That until this Agreement is terminated, as hereinafter provided, the parties hereto (and their heirs, successors and assigns, for the exclusive benefit of the respective parcels of said real estate, and for the exclusive use of the households residing thereon), are hereby granted the right in common with the other parties to this Agreement, to draw water from the well located on Parcel 1 for domestic use excluding the right to draw water to fill swimming pools of any type.
2.That the owners or residents of the dwellings located on Parcels 2, as of the date of this Agreement shall:
a.Pay or cause to be paid to the supplying party, an annual fee for this use of the well and water distribution system in the amount of $_____________ on or before the 15th of January each year, with the exception of this year whereby the amount shall be $____________ and paid on the execution of this Agreement.
b.Pay or cause to be paid promptly, a proportionate share of all expenses for the operation and maintenance of the well and water distribution system that may become necessary. Each respective share shall be determined by dividing the amount of each expense by two, it being understood that the supplying party and the supplied party shall pay an amount equal to one half of the total of such necessary repair or replacement. Shared expenses include the cost of electricity for pumping, repairs and maintenance on said well and water distribution system.
3.That the cost of any removal or replacement of pre-existing site improvements on an individual
parcel necessary for system operation, maintenance, replacement, improvements, inspection or testing, damaged as a result of repair of the well or water distribution system maintenance will be borne by the owner of the affected parcel, except that costs to remove and replace common boundary fencing or walls damaged as a result of repair shall be shared equally between or among parties so damaged.
4.That each of the parties hereby agrees that they will promptly repair, maintain and replace all water pipes or mains serving their respective dwellings.
5.That the consent of all parties to pay a proportionate share of costs shall be obtained prior to embarking upon expenditures for system maintenance, replacement or improvement, except in emergency situations.
6.That the supplied party shall pay to the supplying party his proportionate share for the cost of energy for the operation of the pumping equipment. This cost shall be determined by a separate meter upon each dwelling and for each parcel.
7.That it is the agreement of the parties hereto that the payment for energy cost shall be made not later than the _________day of each succeeding month during the term of this Agreement. In the event that any such payment remains unpaid for a period of ____days, the supplying party may terminate the supply of water to the supplied party until all arrearages in payment are received by the supplying party.
8.That each of the parties to this Agreement does hereby grant to the other, his heirs, successors and assigns, such easements over, across and through the respective parcels as shall be reasonably necessary for the construction of the well, maintenance of water pipes, pumping equipment, mains, electrical wiring and conduit consistent with the purposes of this Agreement. These easements are described below, to wit:
(Describe easements, if any)
10.That no party may install landscaping or improvements that will impair the use of said easements.
11.That each party shall have the right to act to correct an emergency situation and shall have access to the pertinent parcel in the absence of the other. An emergency situation shall be defined as
the failure of any shared portion of the system to deliver water upon demand.
12.That only those parcels of real estate hereinabove described and the dwellings located thereon shall be permitted to receive water from said well and pumping equipment; and each of the parties hereto does hereby covenant and agree that he/she will not allow or permit other persons, other than household guests, to take, draw, use or receive water from the well, nor permit other persons to connect to the pipes or mains serving his/her respective parcel.
13.That in the event the referenced well shall become contaminated and shall no longer supply
water suitable for domestic consumption, or shall no longer supply water adequate for the needs of all relevant parties, or in the event that another source of water shall become available to the respective parcels, then the rights and obligations of the parties created by this Agreement shall cease and terminate in accordance with the terms and conditions hereinafter described.
14.That upon the availability of such other source of water, it is contemplated that a reasonable time shall be allowed to effectuate the necessary connections to the new source.
15.That the respective rights and obligations of the parties shall continue until the parties who wish to terminate their participation in the Well Agreement have executed and filed a written statement of termination at the _____________________________ (office where deeds in your state are recorded) of the County of ____________ and the state of ____________________. Upon termination of participation in this Agreement, the owner and occupant of each residence which is terminated from the Agreement shall have no further right to the use of the well. The terminated parties shall disconnect their respective lateral connection from said well system and shall have no further obligation to pay or collect for maintenance and related expenses incurred thereafter. The costs of disconnection from the well and water system shall be borne by the owner of the pertinent parcel.
19.That the term of this Agreement shall be perpetual, except as herein limited.
20.That the benefits and burdens of this Agreement shall constitute a covenant running with the parcels of land herein described and shall be binding upon the heirs, successors in title and assigns of the parties hereto.
21. Any dispute under this Agreement shall be required to be resolved by binding arbitration
of
the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one
arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall
arbitrate said dispute. The arbitration shall be governed by the rules of the American
Arbitration Association then in force and effect.
Witness our signatures this the ____ day of __________, 20____.
__________________________________________________
(Acknowledgment before a notary public, the form of which will vary by state)
Completing the Shared Well Agreement form is a straightforward process that involves providing specific information about the parties involved and the properties in question. Once the form is filled out accurately, it should be signed by both parties in the presence of a notary public.
To ensure the integrity of the agreement, retain copies for both parties after notarization. This step is essential for legal record-keeping and future reference.
A Shared Well Agreement is a legal document that outlines the rights and responsibilities of both the supplying party and the supplied party regarding the use of a shared well water system. This agreement ensures that all parties understand their obligations regarding maintenance, costs, and the use of water from the well to avoid disputes and promote fair practices.
Both parties involved—the owner of the property supplying the well water and the owner of the property receiving the water—need to sign this agreement. Their signatures indicate that they agree to the terms and conditions laid out in the document. It is crucial that all current and any future property owners participate in this agreement to prevent future conflicts.
The supplying party is allowed to charge an annual fee for the use of the well and the water distribution system. Additionally, each party agrees to share the costs associated with maintenance and operation, including, but not limited to, electricity for pumping and any repairs that may be necessary for the well or water distribution system. Specific proportions for these expenses are outlined in the agreement.
Should the well become contaminated or unable to supply adequate water, the rights and obligations of the parties as defined in the Shared Well Agreement would cease. In this scenario, the parties may need to seek alternative water sources. This ensures that all parties have access to safe and sufficient water, without compromising health or legal obligations.
If a party wishes to terminate their participation in the Shared Well Agreement, they must execute a written statement of termination and file it with the appropriate office where property deeds are recorded. Once this is done, that party will no longer have rights to use the well or be responsible for any future expenses. This process provides a clear path for withdrawal while protecting the interests of the remaining parties.
Filling out the Shared Well Agreement form correctly is essential to ensure that both parties understand their rights and obligations. However, there are common mistakes people make. One of the most frequent errors is incomplete or incorrect property descriptions. Each party must accurately fill in their property's address and legal description. Omitting this information or providing inaccurate details can create confusion and potential disputes later.
Another common mistake is failing to specify the annual fee and payment due dates clearly. In Section 2, it is important to note the exact amount of the annual fee and the payment schedule. Leaving these sections blank or using vague terms can lead to misunderstandings about financial obligations. This clarity helps both parties maintain a positive relationship.
Many people overlook the section on emergency repair access. Sections 11 is vital as it provides parties with the right to address emergency situations without prior consent. Not paying attention to this section may hinder timely responses to urgent issues, which could result in greater problems or damages.
Lastly, not understanding the termination process is a common oversight. Section 15 highlights the steps required to terminate participation in the agreement. Ignoring these requirements can lead to unintended consequences, such as continued financial responsibilities or complications in disconnection from the well system. Ensuring all parties are aware of this process promotes smooth transitions in the future.
A Shared Well Agreement is important for ensuring that the parties involved have a clear understanding of their rights and responsibilities regarding the use of a shared water source. Along with this agreement, several other documents can help clarify terms or provide additional protections. Here’s a brief overview of those commonly used documents:
These documents play a vital role in creating a harmonious environment among property owners sharing a well. They help clarify the expectations and responsibilities of all parties involved, which can lead to smoother operations and fewer conflicts over shared resources.
When filling out the Shared Well Agreement form, it is essential to follow certain best practices to ensure clarity and compliance. Here are five key dos and don'ts:
Here are seven common misconceptions about the Shared Well Agreement form:
Filling out and using the Shared Well Agreement form requires careful attention to detail and a mutual understanding of responsibilities. Here are key takeaways to consider:
Maintaining open communication and adherence to the agreement will benefit all parties. Be diligent to ensure clarity and compliance throughout the process.
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