Shared Well Agreement Example

A common well is usually a well on land, as well as a submersible pump (unless the well is a fluid artesian well). One of the features (usually the one in which the well is located, but not always) is charged for the electricity to operate that pump in the well. It is usually the responsibility of the landowner who has the well to maintain the pump. [10] See Idaho Department of Environmental Quality, www.deq.idaho.gov/water-quality/ground-water/private-wells.aspx (last june 13, 2017). After the agreement has identified the parties, properties and purpose of the agreement, it must indicate who is responsible for the costs of installing, operating and maintaining the well. Water users should be jointly responsible for the authorized use and maintenance of wells. Taking the time to specify how the parties will allocate the costs of maintaining, repairing, upgrading and replacing well equipment, including the date of payment of these costs, can help avoid disputes between the parties and subsequent owners. Developing a well-written sharing agreement will help your clients avoid frequent pitfalls and costly litigation. A shared tree agreement is a contract for drilling, maintenance and use of a well. As a contract, the essential provisions of the agreement must properly identify the parties, characteristics, well and water distribution system, maintenance obligations, facilities and, where appropriate, registered water rights. The parties must be marked by their complete legal names, as well as on their actions. Characteristics, well sites and facilities covered by the agreement must be identified using valid legal descriptions and a diagram showing the location of the well and distribution system associated with the exposure. If the uses and maintenance obligations of the well are not properly identified and specified in the agreement, this may lead to future misunderstandings and costly litigation.

We recommend that, when a buyer is informed, the property includes a common well, in addition to ensuring that there is a titration agreement, that he also receives a copy of the agreement and that he reads or pays for his lawyer to verify the contents of the agreement, which is particularly important in older neighbourhoods. Well, the agreements may have been registered several years ago and sometimes no longer reflect what is happening on real estate. For example, the first two neighbours, when the area was developed, reached an agreement and registered the agreement. Since then, other neighbours may have been allowed to „tap“ into the well, perhaps a new well was dug years ago in an emergency, or perhaps larger real estate has been subdivided, and the reserve that originally registered the Fountain Agreement has referred to newly created securities, but does not refer to the new securities. In a cursory revision of these titles, there may be a registered well agreement, but without verifying the content of the agreement, there is no way to say whether it adequately addresses the current situation. If you are buying a home with a common well, you must enter into an agreement with other well users to protect access to the water supply and spell out the costs and responsibilities for system maintenance. A well-written sharing agreement is like any other contract. It should allow the parties to clearly understand their water rights and facility rights for the well and their obligations under the agreement.

Ideally, the agreement will avoid any misunderstanding between the parties, as there is no confusion about the definitions, use, maintenance and repair of the well. If the parties register the agreement, future disputes can be avoided. [17] With good preparation, parties considering a collective agreement can avoid many common problems.