Overview
Misconceptions
Understanding the Shared Well Agreement can be tricky, and misconceptions often lead to confusion. Here are some common misunderstandings about this agreement:
- It's only for homeowners. Many believe that only homeowners can enter into a Shared Well Agreement. In reality, renters or occupants can also benefit from such arrangements, provided they have the owner's consent.
- It guarantees unlimited water access. Some think that signing the agreement means they can use as much water as they want. However, the agreement typically specifies limits to ensure fair use among all parties involved.
- Costs are fixed and unchangeable. There's a misconception that the costs outlined in the agreement are set in stone. In fact, costs can vary based on maintenance needs and operational expenses, and these should be discussed regularly.
- Only one party is responsible for maintenance. Many assume that the supplying party bears all maintenance responsibilities. However, the agreement usually states that all parties share these responsibilities equally.
- Contamination issues are not addressed. Some people think that the agreement does not cover what happens if the well becomes contaminated. In fact, it typically includes clauses about what to do if water quality becomes an issue.
- Termination is straightforward. There's a belief that if someone wants out of the agreement, they can simply walk away. The truth is, termination often requires formal procedures, including filing a written statement.
- Landscaping is unrestricted. Many think they can landscape freely around the well. However, the agreement usually includes restrictions to protect access to easements necessary for maintenance.
- Disputes are handled in court. Some believe that any disagreements will automatically go to court. In fact, the agreement often requires disputes to be resolved through arbitration, which can be a quicker and less formal process.
- All parties must agree for any changes. While it’s true that major changes require consent, some believe that every minor adjustment needs unanimous approval. In reality, the agreement may allow for certain decisions to be made by a majority.
Steps to Writing Shared Well Agreement
Filling out the Shared Well Agreement form is an important step for those sharing a well system. This process ensures that both parties understand their rights and responsibilities regarding the use of the well and associated costs. Here’s how to complete the form accurately.
- Begin by entering the date at the top of the form in the blank space provided.
- Fill in the names of the supplying party and supplied party, along with their respective addresses.
- Describe the property owned by the supplying party, referred to as Parcel 1. Include the complete street address and legal description.
- Next, provide the same information for the property owned by the supplied party, referred to as Parcel 2.
- In the section regarding the well system, confirm the existence of the well and its intended use for both properties.
- Fill in the annual fee for using the well and water distribution system. Specify the amount due each January 15th and the amount due upon signing the agreement.
- Outline how expenses for the well and water distribution system will be shared between both parties.
- State who will bear the costs for any removal or replacement of site improvements necessary for system maintenance.
- Agree to maintain and repair water pipes or mains serving each dwelling.
- Specify the payment schedule for energy costs associated with the pumping equipment.
- Describe any easements necessary for the construction and maintenance of the well and water system.
- Clarify that no landscaping will impair the use of easements.
- Define emergency situations that allow access to the pertinent parcel without the other party present.
- Confirm that only the described parcels and their dwellings will receive water from the well.
- State the conditions under which the agreement may terminate, including contamination of the well or availability of another water source.
- Fill in the location where a written statement of termination should be filed if needed.
- Indicate that the agreement is perpetual unless terminated as described.
- Include a clause for resolving disputes through binding arbitration.
- Finally, both parties should sign and date the agreement, and ensure it is acknowledged before a notary public.
Common mistakes
Filling out the Shared Well Agreement form can be straightforward, but many people make common mistakes that can lead to confusion or disputes later on. One of the most frequent errors is failing to provide complete addresses for both the supplying and supplied parties. It’s essential to include the full street address, city, county, state, and zip code for clarity. Incomplete information can create complications in identifying the parties involved.
Another common mistake is neglecting to include the legal description of the properties involved. This description is crucial for establishing the boundaries and rights associated with each parcel. Without it, misunderstandings about property lines or rights to water usage may arise.
Many individuals also overlook the importance of specifying the annual fee for using the well and water distribution system. Leaving this section blank can lead to disputes about payment expectations. It’s best to clearly outline the amount and payment due dates to prevent any future issues.
Additionally, some people forget to detail the easements required for maintenance and operation of the well system. This oversight can hinder necessary repairs or improvements. Clearly defining these easements helps ensure that all parties have access to the areas needed for maintenance.
Failing to include a clear definition of what constitutes an emergency situation is another mistake. Without a proper definition, parties may disagree on what qualifies as an emergency, potentially leading to delays in necessary repairs. It’s important to be specific about what situations warrant immediate action.
Another frequent error involves not specifying the payment schedule for energy costs associated with the well. Leaving this blank can lead to confusion over when payments are due, which can affect water supply if not managed properly. Clearly stating the payment timeline is essential for smooth operations.
People often forget to sign and date the agreement properly. This is a crucial step, as an unsigned document may not hold up in disputes. Ensure that all parties have signed and dated the agreement to validate it.
Some individuals also fail to include provisions for handling disputes. While the agreement mentions binding arbitration, not clearly outlining this process can create uncertainty. It’s wise to detail the steps for resolving conflicts to avoid complications later.
Finally, neglecting to keep copies of the signed agreement can lead to issues if disagreements arise. Each party should retain a copy for their records. This way, all parties have access to the terms agreed upon, which can help in resolving any future disputes.
Form Data
| Fact Name | Description |
|---|---|
| Purpose | The Shared Well Agreement outlines the rights and responsibilities of parties sharing a well and water distribution system for domestic use. |
| Parties Involved | The agreement is between a supplying party, who owns the well, and a supplied party, who benefits from the water supply. |
| Annual Fee | The supplied party must pay an annual fee for using the well, due by January 15 each year. |
| Maintenance Costs | Both parties share the costs of maintenance and operation of the well, each responsible for half of the expenses. |
| Easements | Parties grant each other easements necessary for the construction and maintenance of the well and water distribution system. |
| Termination Conditions | The agreement can be terminated if the well becomes contaminated or if another water source becomes available. |
| Governing Law | The agreement is subject to the laws of the state where the properties are located, which may vary by state. |
Frequently Asked Questions
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What is a Shared Well Agreement?
A Shared Well Agreement is a legal document between property owners who share a well for water supply. It outlines the rights and responsibilities of each party regarding the use, maintenance, and costs associated with the well and its distribution system. This agreement ensures that all parties involved have a clear understanding of how the well will be used and maintained.
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Who is responsible for the costs associated with the well?
Both the supplying party and the supplied party share the costs related to the well. This includes an annual fee for using the well and a proportionate share of all expenses for its operation and maintenance. Each party is responsible for half of these costs. Additionally, any costs for repairs or maintenance will also be shared equally, unless specific damages occur to individual parcels, in which case the affected party will bear those costs.
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What happens if the well becomes contaminated?
If the well becomes contaminated and is no longer suitable for domestic use, the rights and obligations under the Shared Well Agreement will cease. In such a case, the parties may seek alternative water sources. The agreement allows for a reasonable time to connect to a new water supply once it becomes available. This ensures that all parties are treated fairly and have access to safe water.
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Can the agreement be terminated?
Yes, the Shared Well Agreement can be terminated. However, this requires a written statement of termination to be filed at the appropriate county office. Once a party terminates their participation, they must disconnect their water supply from the well. The costs for this disconnection will be the responsibility of the terminating party. Until termination is formally executed, all parties retain their rights and obligations under the agreement.
Documents used along the form
The Shared Well Agreement is a crucial document that outlines the rights and responsibilities of parties sharing a well water system. Alongside this agreement, several other forms and documents are often utilized to ensure clarity and legal compliance in the arrangement. Below is a list of commonly used documents that complement the Shared Well Agreement.
- Property Deed: This document serves as the official record of property ownership. It includes details such as the legal description of the property, the names of the owners, and any encumbrances or restrictions affecting the property. It is essential for verifying ownership and the rights associated with the land where the well is located.
- Well Permit: A well permit is issued by local or state authorities, allowing the construction and use of a well. This document ensures that the well meets safety and environmental standards. It is important for confirming that the well is legally compliant and safe for use.
- Water Quality Test Results: These results provide information about the safety and quality of the water drawn from the well. Conducted by a certified laboratory, the tests assess contaminants and ensure the water is safe for human consumption. This document is vital for protecting the health of all users.
- Easement Agreement: An easement agreement grants specific rights to one party over another's property. In the context of a shared well, it may detail access rights for maintenance and repairs of the well and distribution system. This agreement helps prevent disputes regarding access to necessary areas.
- Do Not Resuscitate Order Form: To ensure your wishes are respected in critical situations, consult the comprehensive Do Not Resuscitate Order guidelines which outline essential considerations and legal aspects.
- Maintenance Agreement: This document outlines the responsibilities of each party regarding the upkeep of the well and water distribution system. It specifies who is responsible for repairs, routine maintenance, and associated costs. This agreement is essential for ensuring that all parties understand their obligations and helps prevent conflicts over maintenance duties.
By utilizing these documents alongside the Shared Well Agreement, parties can create a comprehensive framework that promotes cooperation, ensures compliance with legal standards, and protects the interests of all involved. This careful documentation helps facilitate a harmonious relationship between the parties sharing the well water system.
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Document Sample
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 |
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arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall |
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arbitrate said dispute. The arbitration shall be governed by the rules of the American |
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Arbitration Association then in force and effect. |
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Witness our signatures this the ____ day of __________, 20____. |
|
__________________________________________________
(Acknowledgment before a notary public, the form of which will vary by state)