Article Map
The Shared Well Agreement is a crucial document for property owners who wish to collaboratively utilize a single well for their water supply. This agreement outlines the rights and responsibilities of both the supplying party, who owns the well, and the supplied party, who benefits from its water. Key aspects of the agreement include the legal descriptions of the properties involved, the terms of water usage, and the financial obligations related to maintenance and operation costs. It specifies that both parties share the annual fee for using the well and cover half of any necessary repairs or improvements to the water distribution system. The agreement also addresses emergency access rights, easements for maintenance, and the conditions under which the agreement may be terminated, such as contamination of the well or the availability of an alternative water source. By detailing these elements, the Shared Well Agreement aims to ensure a fair and efficient water supply for all parties involved, while protecting their respective interests and promoting cooperation for ongoing maintenance and management of the shared resource.
Common mistakes
-
Incomplete Information: Failing to fill in all required fields, such as names, addresses, and legal descriptions, can lead to confusion or disputes later on.
-
Incorrect Property Descriptions: Providing inaccurate or vague descriptions of the properties involved may cause issues in identifying the parcels covered by the agreement.
-
Ignoring Annual Fees: Not specifying the correct annual fee or forgetting to mention the first year's payment can lead to misunderstandings regarding financial obligations.
-
Neglecting Shared Expenses: Failing to outline how shared costs for maintenance and repairs will be divided can result in disputes between parties.
-
Omitting Emergency Procedures: Not detailing how to handle emergencies, such as water supply failures, can leave parties unprepared in critical situations.
-
Improper Signatures: Forgetting to have all parties sign the agreement can invalidate the document and its terms.
-
Not Recording the Agreement: Failing to file the agreement with the appropriate county office may lead to issues with enforcement and recognition of rights.
Find Common Documents
Da Form 7666 - This form aids in aligning individual goals with the military’s objectives.
P60 Form - The P45 should be issued promptly upon an employee's departure.
To facilitate the process of transferring ownership, utilizing the appropriate documentation is crucial, and the California Templates offer a comprehensive solution for creating a legally binding Motor Vehicle Bill of Sale form that meets all necessary requirements.
Proper Hazmat Bill of Lading Example - Delivery conditions are outlined in the terms and conditions section.
Key takeaways
When filling out and using the Shared Well Agreement form, keep these key takeaways in mind:
- Accurate Information: Ensure that all personal and property details are filled out correctly. This includes the names, addresses, and legal descriptions of both parcels involved.
- Understand Responsibilities: Each party must be aware of their obligations, such as paying annual fees and sharing maintenance costs. Clear communication about these responsibilities is crucial.
- Emergency Access: In case of an emergency, parties have the right to access each other's properties to address issues with the water system. Knowing what constitutes an emergency can help avoid misunderstandings.
- Termination Procedures: Familiarize yourself with the process for terminating the agreement. This includes filing a written statement and disconnecting from the system, which is the responsibility of the terminating party.
- Dispute Resolution: Any disputes related to the agreement will be resolved through binding arbitration. Understanding this process beforehand can help manage expectations and facilitate smoother resolutions.
Shared Well Agreement Example
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
__________________________________________________________ (street address, city,
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
__________________________________________________________ (street address, city,
county, state, zip code), which property is hereafter referred to as “Parcel 2” and is more fully described as follows:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
(Put Legal Description of Property Here)
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
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)
Understanding Shared Well Agreement
What is a Shared Well Agreement?
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 water distribution system. This agreement specifies the rights and obligations of each party regarding the use of the well, maintenance responsibilities, and cost-sharing for water usage and system upkeep.
Who are the parties involved in a Shared Well Agreement?
The parties involved typically include the "supplying party," who owns the property where the well is located, and the "supplied party," who owns the property that will receive water from the well. Each party's responsibilities and rights are clearly defined within the agreement to ensure fair use and maintenance of the shared water system.
What are the financial responsibilities outlined in the agreement?
The agreement specifies that the supplied party must pay an annual fee for the use of the well and water distribution system. This fee is due on or before January 15 each year. Additionally, the supplied party is responsible for paying half of any necessary expenses for the operation and maintenance of the well. This includes costs related to electricity, repairs, and maintenance of the water distribution system.
What happens if the well becomes contaminated or inadequate?
If the well becomes contaminated or is no longer able to supply adequate water, the rights and obligations of the parties under the Shared Well Agreement will terminate. The parties may then seek an alternative water source. A reasonable time will be allowed for connecting to the new water source, and the agreement will cease to be in effect once this transition is made.
How can a party terminate their participation in the Shared Well Agreement?
A party wishing to terminate their participation must execute and file a written statement of termination at the appropriate county office where deeds are recorded. Upon termination, the owner of the affected parcel will disconnect their lateral connection from the well system and will no longer be responsible for maintenance costs associated with the well.
How to Use Shared Well Agreement
Filling out the Shared Well Agreement form is an important step in establishing clear rights and responsibilities for both parties involved in sharing a well system. This agreement ensures that all parties understand their obligations regarding the use and maintenance of the well and water distribution system. Below are the steps to complete the form accurately.
- Begin by writing the date at the top of the form where it says "this ____ day of __________."
- In the first blank, enter the name of the supplying party.
- Fill in the supplying party's complete address, including street address, city, county, state, and zip code.
- Next, write the name of the supplied party in the designated blank.
- Complete the supplied party's address in the same manner as the supplying party's address.
- For Parcel 1, provide the address of the property owned by the supplying party, followed by the legal description of the property.
- Repeat the process for Parcel 2 by entering the address of the property owned by the supplied party, along with its legal description.
- In the section regarding the well system, ensure you clearly state the purpose of the agreement and the intention to share the well and water distribution system.
- Specify the annual fee amount to be paid by the supplied party, along with the due date (January 15) and any initial payment amount due upon execution of the agreement.
- Outline the shared expenses for maintenance and operation of the well system, specifying that each party will cover half of these costs.
- Address the responsibilities for any necessary repairs or replacements related to the well and water distribution system.
- Indicate the payment schedule for energy costs associated with the operation of the well, including the due date for these payments each month.
- In the easements section, describe any easements that will be necessary for the maintenance of the well and water distribution system.
- Ensure that all parties sign and date the agreement at the bottom, confirming their acknowledgment before a notary public.
Once the form is filled out, it should be reviewed for accuracy and completeness before being signed. This ensures that both parties are fully aware of their rights and responsibilities concerning the shared well system.