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The Shared Well Agreement form serves as a crucial document for property owners who rely on a communal well system for their water supply. It outlines the relationship between the supplying party, who owns the well, and the supplied party, who benefits from the water provided. This agreement details the rights and responsibilities of each party, ensuring that both can access water for domestic use while sharing the costs associated with the well and its maintenance. Important aspects include provisions for annual fees, the division of maintenance expenses, and the conditions under which water can be drawn. The agreement also addresses emergency situations, easements for necessary access, and the process for terminating participation if a new water source becomes available. By clearly defining these elements, the Shared Well Agreement helps prevent disputes and fosters a cooperative relationship between neighbors who depend on the same water resource.
Dos and Don'ts
When filling out the Shared Well Agreement form, it is essential to approach the task with care and attention to detail. Here are some important dos and don’ts to consider:
- Do ensure that all names and addresses are accurate. This includes the supplying party and the supplied party, as well as the legal descriptions of the properties involved.
- Do read through the entire agreement before signing. Understanding the terms and conditions will help prevent misunderstandings later on.
- Do include any specific provisions regarding the maintenance and repair of the well and water distribution system. Clarity on these points can save future disputes.
- Do keep a copy of the signed agreement for your records. This will serve as a reference for both parties in the future.
- Don’t leave any blank spaces in the form. Each section should be filled out completely to avoid confusion or misinterpretation.
- Don’t forget to specify payment details clearly, including amounts and due dates. This will help ensure timely payments and adherence to the agreement.
- Don’t ignore the importance of obtaining consent for shared expenses. Ensure that all parties agree before undertaking any maintenance or repair work.
- Don’t overlook the need for notarization, if required. This adds an extra layer of validity to the agreement.
Document Attributes
| Fact Name | Description |
|---|---|
| Parties Involved | The Shared Well Agreement involves two parties: the "supplying party," who owns the well, and the "supplied party," who receives water from the well. |
| Purpose of the Agreement | This Agreement outlines the rights and obligations of both parties regarding the use of a shared well and the associated water distribution system for domestic purposes. |
| Annual Fees and Expenses | The supplied party must pay an annual fee for the use of the well and share in the operational costs, such as electricity and maintenance, with the supplying party. |
| Governing Law | The Shared Well Agreement is subject to the laws of the state where the properties are located, which can vary by state. Specific state laws must be referenced for compliance. |
Key takeaways
The Shared Well Agreement form is a crucial document for parties sharing a well and water distribution system. Here are key takeaways regarding its completion and use:
- Identify the Parties: Clearly state the names and addresses of both the supplying party and the supplied party. Accurate identification helps avoid confusion.
- Parcel Descriptions: Provide detailed legal descriptions of both Parcel 1 and Parcel 2. This ensures clarity on which properties are involved in the agreement.
- Water Use Rights: The agreement grants rights to draw water for domestic use only. It explicitly prohibits the use of water for filling swimming pools.
- Annual Fees: Specify the annual fee for using the well and water distribution system. Payments should be made on time to avoid service interruption.
- Shared Expenses: Outline how maintenance and operational costs will be shared. Both parties are responsible for half of these expenses.
- Easements: Define any necessary easements for maintenance and construction. These easements allow access to each parcel as needed.
- Emergency Access: Each party can address emergencies independently. This provision ensures that water delivery issues can be resolved quickly.
- Termination Conditions: Clearly state conditions under which the agreement can be terminated. This includes contamination of the well or availability of alternative water sources.
- Dispute Resolution: Any disputes arising from the agreement must be resolved through binding arbitration, ensuring a structured approach to conflict resolution.
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Example - Shared Well Agreement Form
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)
Detailed Instructions for Writing Shared Well Agreement
Once you have gathered all necessary information, you can begin filling out the Shared Well Agreement form. This document will help outline the responsibilities and rights of both parties involved in sharing the well water system. Make sure to have all required details ready, as accuracy is important for this agreement.
- Fill in the date at the top of the form where it says "this ____ day of __________."
- Enter the name of the supplying party and their address in the designated spaces.
- Enter the name of the supplied party and their address in the designated spaces.
- Provide the legal description of Parcel 1, which is the property of the supplying party.
- Provide the legal description of Parcel 2, which is the property of the supplied party.
- In the section about the annual fee, fill in the amount to be paid each year by the supplied party and the initial payment amount for this year.
- Specify the date by which the supplied party will pay their share of the energy costs each month.
- Detail any easements that may be necessary for the construction and maintenance of the well and water system.
- Make sure to check the box for any landscaping or improvements that may impair the use of the easements.
- Sign and date the form at the bottom where indicated.
After completing the form, both parties should review it for accuracy. Once everything is confirmed, you can proceed to have it notarized as required. This step is essential for ensuring the agreement is legally binding.
Documents used along the form
When entering into a Shared Well Agreement, several other documents may be needed to ensure clarity and legal protection for all parties involved. Here’s a brief overview of some commonly used forms and documents that often accompany the Shared Well Agreement.
- Property Deed: This document proves ownership of the properties involved in the agreement. It includes legal descriptions and identifies the parties who own the land.
- Water Quality Test Results: A report confirming that the water from the well meets safety standards for human consumption. This document is often required by health authorities.
- Easement Agreement: This outlines the rights of access and use of land for maintenance of the well and water distribution system. It ensures that all parties have the necessary access to perform repairs or inspections.
- Maintenance Agreement: This document specifies who is responsible for the upkeep of the well and distribution system. It can detail the frequency of maintenance and how costs will be shared.
- Utility Agreement: This outlines the terms for the shared use of utilities, such as electricity needed for the well's operation, including payment responsibilities.
- Termination Notice: A formal document that outlines the process for a party to withdraw from the Shared Well Agreement. It includes necessary steps for disconnection and any obligations that remain.
- Rental Application Form: Similar to water agreements, a NY Templates can streamline the rental process by ensuring all personal and financial information is collected efficiently, which is essential for both landlords and tenants.
- Insurance Policy: A document showing that there is liability insurance in place for the well and water distribution system. This protects all parties from potential damages or legal claims.
- Arbitration Agreement: This document outlines the procedure for resolving disputes related to the Shared Well Agreement. It specifies how arbitration will be conducted and the rules that will apply.
- Neighbor Notification Letter: A letter informing neighboring property owners about the Shared Well Agreement and any potential impacts it may have on them.
Each of these documents plays a vital role in supporting the Shared Well Agreement. They help clarify rights and responsibilities, ensuring that all parties are on the same page. Always consult with a legal professional to ensure that you have all necessary documents in place.