A Shared Well Agreement is a legal document that outlines the rights and responsibilities of parties sharing a well water system. This agreement ensures that both the supplying and supplied parties understand their obligations regarding water usage, maintenance, and costs associated with the well. For those looking to formalize their shared water arrangement, filling out this form is a crucial step—click the button below to get started.
When filling out and using the Shared Well Agreement form, keep these key points in mind:
When filling out the Shared Well Agreement form, consider the following important guidelines:
Incomplete Information: One common mistake is failing to fill in all required fields. Ensure that every section, such as names, addresses, and legal descriptions, is complete. Missing information can lead to misunderstandings or disputes later on.
Incorrect Legal Descriptions: Providing inaccurate or vague legal descriptions of the properties involved can cause significant issues. It’s essential to use precise language and details to avoid confusion about which parcels are included in the agreement.
Not Specifying Payment Terms: Some individuals overlook clearly stating the payment amounts and deadlines. Make sure to specify the annual fee and any other costs associated with the water distribution system to prevent future payment disputes.
Ignoring Maintenance Responsibilities: Failing to outline who is responsible for maintenance and repairs can lead to disagreements. Clearly define the obligations of each party regarding upkeep to ensure that all parties understand their responsibilities.
Neglecting to Review Terms: Many people rush through the agreement without thoroughly reviewing the terms. It’s vital to read and understand each section of the agreement to ensure that all parties are in agreement and to avoid any surprises down the line.
The Shared Well Agreement is similar to a Joint Use Agreement. Both documents outline the terms under which multiple parties can share resources, such as a well or other utilities. In a Joint Use Agreement, parties agree on how to manage and maintain the shared resource, including responsibilities for costs and maintenance. This ensures that all parties benefit equally from the shared asset while also protecting their individual rights and obligations.
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Another similar document is the Easement Agreement. This type of agreement grants one party the right to use a portion of another party’s property for a specific purpose, such as accessing a shared well. In both agreements, easements are often necessary to allow for maintenance and operation of shared resources. The easement rights ensure that all parties can access the well without infringing on each other's property rights.
The Water Supply Agreement also bears resemblance to the Shared Well Agreement. This document typically governs the terms under which one party supplies water to another, detailing aspects such as payment, quality, and maintenance responsibilities. Like the Shared Well Agreement, it establishes clear expectations for both parties, ensuring a reliable water supply while outlining the financial obligations involved.
A Cooperative Agreement is another document that shares similarities. It often involves multiple parties working together for mutual benefit, such as sharing costs and responsibilities related to a well. Both agreements emphasize collaboration and shared decision-making, ensuring that all parties are engaged in the management and upkeep of the resource.
The Maintenance Agreement is akin to the Shared Well Agreement as well. This document specifies the responsibilities of each party in maintaining a shared resource. It outlines who is responsible for repairs, routine maintenance, and associated costs. Both agreements aim to ensure that the shared resource remains functional and safe for use by all parties involved.
A Partnership Agreement can also be compared to the Shared Well Agreement. This type of agreement outlines the roles and responsibilities of each partner in a business venture, similar to how the Shared Well Agreement defines the rights and obligations of each party in using the well. Both documents establish a framework for cooperation and shared benefits, promoting a harmonious relationship among the parties.
The Lease Agreement is another relevant document. It can involve shared resources, such as water rights, and outlines the terms under which one party can use another's property. Like the Shared Well Agreement, it details payment structures, responsibilities, and the duration of the agreement, ensuring clarity and legal protection for all involved parties.
A Utility Service Agreement is similar as well. This document governs the provision of utility services, including water, to multiple users. It sets forth the terms of service, payment obligations, and maintenance responsibilities, much like the Shared Well Agreement. Both documents aim to protect the interests of the service provider and the users, ensuring smooth operation and access to essential resources.
The Homeowners Association (HOA) Agreement can also be compared to the Shared Well Agreement. In an HOA Agreement, members agree to certain rules and responsibilities regarding shared resources within a community, including water systems. Both agreements foster cooperation and compliance among members, ensuring that shared resources are maintained and used appropriately.
Lastly, the Community Water Management Agreement is similar to the Shared Well Agreement. This document outlines how a community manages its water resources collectively. It specifies the roles of various stakeholders, funding, and maintenance responsibilities, similar to how the Shared Well Agreement defines the relationship between the supplying and supplied parties. Both documents aim to ensure sustainable and equitable access to water resources for all involved.
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A Shared Well Agreement is a legal document that outlines the terms and conditions under which two or more property owners share a well and its associated water distribution system. It defines the rights and responsibilities of each party regarding water usage, maintenance, and costs associated with the well.
The agreement involves two primary parties: the "supplying party," who owns the property where the well is located, and the "supplied party," who owns a neighboring property that will receive water from the well. Each party's responsibilities and rights are clearly defined in the agreement.
The supplied party is responsible for:
The annual fee is specified in the agreement and is typically paid by the supplied party to the supplying party by January 15th each year. The fee may vary for the first year based on the date of execution of the agreement.
Both parties are required to share the costs of necessary maintenance and repairs equally. However, if any repairs affect only one parcel, the owner of that parcel bears the costs. Emergency situations allow for immediate action without prior consent from both parties.
To terminate the agreement, a written statement must be filed at the appropriate county office. Upon termination, the affected party must disconnect from the well system and will no longer have any rights to use the well or be responsible for associated costs.
Water from the well is strictly for domestic use. The agreement explicitly prohibits using the water for filling swimming pools or any other non-domestic purposes.
If the well becomes contaminated or inadequate for the needs of the parties, the agreement will terminate. The parties will then need to explore alternative water sources, and a reasonable time will be allowed for making necessary connections to a new water source.
Yes, the agreement grants easements over the respective parcels to allow for the construction, maintenance, and operation of the well and water distribution system. These easements must not be obstructed by landscaping or other improvements.
Any disputes arising from the agreement must be resolved through binding arbitration. Each party selects an arbitrator, and those arbitrators choose a third to mediate the dispute, following the rules set by the American Arbitration Association.
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)