Table of Contents
The Shared Well Agreement form serves as a crucial document for property owners who wish to establish a cooperative arrangement regarding the use of a shared water well. This agreement outlines the rights and responsibilities of both the supplying party, who owns the well, and the supplied party, who benefits from the well's water. The form begins by identifying the properties involved, referred to as Parcel 1 and Parcel 2, and provides detailed legal descriptions of each. It emphasizes the necessity of a well system to supply water for domestic use to both parcels, ensuring that all parties involved have access to a safe and adequate water supply. A significant aspect of the agreement is the financial obligations it establishes, including an annual fee for the use of the well and a shared responsibility for maintenance costs. Furthermore, it delineates the procedures for emergency situations, easements for maintenance access, and the conditions under which the agreement may be terminated. The document is designed to protect the interests of all parties, ensuring that future owners and occupants also adhere to the terms set forth. By laying out these provisions, the Shared Well Agreement fosters a clear understanding of the shared responsibilities and promotes a harmonious relationship among property owners.
Documents used along the form
A Shared Well Agreement is a vital document for individuals who share a well system. However, it is often accompanied by several other forms and documents that help clarify rights, responsibilities, and procedures related to the shared water supply. Below is a list of commonly used documents that complement the Shared Well Agreement, each serving a specific purpose in the management and operation of the shared well system.
- Well Maintenance Agreement: This document outlines the responsibilities of each party regarding the maintenance and upkeep of the well and its associated systems. It specifies who is responsible for repairs, routine maintenance, and any costs incurred in keeping the well operational.
- Water Quality Test Results: This form provides the results of water quality tests conducted by a certified laboratory. It assures all parties that the water is safe for consumption and meets state health standards, which is crucial for ensuring the health and safety of users.
- Easement Agreement: An easement agreement grants specific rights to access and use a portion of another party’s property for the installation, maintenance, or repair of the water distribution system. This document is essential for clarifying how shared resources will be accessed and maintained.
- Cease and Desist Letter: This document serves to formally demand the cessation of any illegal activities related to the shared well agreement, providing a preliminary step before legal actions are initiated. For more information, visit https://txtemplate.com/cease-and-desist-letter-pdf-template/.
- Cost Sharing Agreement: This document details how costs related to the well's operation, such as electricity and repairs, will be divided among the parties. It ensures transparency and fairness in financial obligations associated with the shared well.
- Termination Notice: This form is used when a party wishes to exit the Shared Well Agreement. It outlines the process for formally withdrawing from the agreement and the obligations that must be fulfilled upon termination.
- Dispute Resolution Agreement: This document outlines the process for resolving conflicts that may arise between parties regarding the shared well. It may include mediation or arbitration procedures to ensure disputes are handled fairly and efficiently.
- Usage Agreement: This form specifies the allowed uses of the water drawn from the well, such as restrictions on filling swimming pools or using water for non-domestic purposes. It helps prevent disputes over how the shared resource can be utilized.
- Insurance Policy Documentation: This documentation provides proof of insurance coverage related to the well and its operations. It protects all parties from potential liabilities arising from accidents or issues related to the water supply.
Utilizing these documents alongside the Shared Well Agreement can help ensure a smooth and cooperative relationship between parties sharing a well. By clearly defining responsibilities, rights, and procedures, these forms contribute to the effective management of shared water resources.
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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 |
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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____. |
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__________________________________________________
(Acknowledgment before a notary public, the form of which will vary by state)
FAQ
What is a Shared Well Agreement?
A Shared Well Agreement is a legal document that outlines the rights and responsibilities of two or more parties who share a well and its water distribution system. This agreement typically includes details about the use of the well, maintenance responsibilities, cost-sharing for utilities and repairs, and procedures for addressing disputes.
Who are the parties involved in a Shared Well Agreement?
The parties involved are typically referred to as the "supplying party" and the "supplied party." The supplying party owns the property where the well is located, while the supplied party owns a neighboring property that will also utilize the well. Both parties must agree to the terms laid out in the agreement.
What are the key responsibilities outlined in the agreement?
The agreement specifies several responsibilities, including:
- Payment of an annual fee for the use of the well.
- Sharing costs for maintenance and operation of the well and water distribution system.
- Promptly repairing and maintaining water pipes serving their respective properties.
- Obtaining consent from all parties before incurring expenses for system improvements.
What happens if one party fails to pay their share of costs?
If a party fails to make payments for their share of costs, the supplying party has the right to terminate water supply to the supplied party until all overdue payments are made. This ensures that all parties remain accountable for their financial obligations under the agreement.
Can the agreement be terminated?
Yes, the agreement can be terminated under certain conditions. If the well becomes contaminated or no longer provides adequate water, or if another water source becomes available, the parties can terminate their obligations. A written statement of termination must be filed with the appropriate county office to formally end participation in the agreement.
What are the provisions for emergencies?
The agreement allows any party to act in an emergency situation, defined as the failure of the system to deliver water. In such cases, parties have access to the necessary parcels to address the issue promptly, ensuring that water supply is restored as quickly as possible.
How are disputes resolved under the agreement?
Disputes arising from the Shared Well Agreement must be resolved through binding arbitration. If the parties cannot agree on an arbitrator, each party selects one, and those arbitrators will choose a third. This process is governed by the rules of the American Arbitration Association, ensuring a fair resolution.
Key takeaways
When filling out and using the Shared Well Agreement form, consider the following key takeaways:
- Identify Parties Clearly: Ensure that both the supplying party and the supplied party are accurately identified with their full names and addresses.
- Legal Descriptions: Provide complete legal descriptions of both parcels involved. This is essential for clarity and future reference.
- Define Water Usage: Understand that the agreement allows for domestic water use only, excluding uses like filling swimming pools.
- Annual Fees: Be aware that an annual fee for well usage must be paid by the supplied party, with specific payment deadlines.
- Shared Expenses: Both parties are responsible for half of the operational and maintenance costs associated with the well system.
- Emergency Access: In case of an emergency, parties can access each other’s parcels to address urgent issues affecting water supply.
- Termination Conditions: Know that the agreement can be terminated under specific conditions, such as contamination of the well.
- Disconnection Obligations: If a party terminates their participation, they must disconnect from the system and bear the associated costs.
- Arbitration Clause: Any disputes arising from the agreement will be resolved through binding arbitration, which both parties must agree to.
- Continuous Obligations: Understand that the rights and obligations under this agreement are perpetual and bind future owners and occupants.
Form Characteristics
| Fact Name | Description |
|---|---|
| Purpose of Agreement | The Shared Well Agreement outlines the terms under which two parties share a well and water distribution system for their respective properties, ensuring access to water for domestic use. |
| Annual Fee | The supplied party must pay an annual fee to the supplying party for the use of the well, which is due by January 15th each year, ensuring a predictable cost structure for both parties. |
| Maintenance Responsibilities | Both parties are responsible for maintaining their respective water pipes and must share costs for repairs and maintenance of the shared water distribution system. |
| Emergency Access | In case of an emergency, such as a failure of the water system, any party may access the other’s property to resolve the issue, ensuring quick response to urgent situations. |
| Governing Laws | The Shared Well Agreement is governed by state-specific laws, which may vary. For example, in California, it is subject to the California Civil Code, while in Florida, it follows Florida Statutes Title XL. Always check local regulations. |