Fill Your Shared Well Agreement Form Modify Form

Fill Your Shared Well Agreement Form

The Shared Well Agreement is a legal document that outlines the terms under which two or more parties can share a well and its water distribution system. This agreement ensures that all involved parties understand their rights and responsibilities regarding water usage and maintenance costs associated with the well. For those considering entering into such an arrangement, it is essential to fill out the necessary form accurately and completely.

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The Shared Well Agreement form serves as a crucial document for property owners who rely on a common water source. It outlines the rights and responsibilities of both the supplying party, who owns the well, and the supplied party, who benefits from the water it provides. This agreement ensures that both parties can access water for domestic use while sharing the associated costs and maintenance responsibilities. Key aspects include the definition of the parcels involved, the establishment of an annual fee for water usage, and the division of costs for repairs and maintenance of the water distribution system. Additionally, the agreement specifies the conditions under which the well can be used, including restrictions on filling swimming pools and the necessity for consent before undertaking any significant expenditures. It also addresses emergency situations, easements for maintenance access, and the process for terminating the agreement if the well becomes contaminated or if an alternative water source becomes available. By clearly detailing these elements, the Shared Well Agreement fosters a cooperative relationship between property owners, ensuring a reliable water supply for all parties involved.

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Understanding Shared Well Agreement

  1. 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 can share a well and its water distribution system. This agreement specifies the rights and responsibilities of each party involved, ensuring that all parties understand how the well will be used and maintained.

  2. Who are the parties involved in a Shared Well Agreement?

    The parties typically include a "supplying party," who owns the well and the property where it is located, and a "supplied party," who benefits from the water supplied by the well. Each party must provide their legal property descriptions and addresses in the agreement.

  3. What are the main responsibilities of the supplied party?

    The supplied party is responsible for paying an annual fee for the use of the well and sharing the costs associated with the operation and maintenance of the water distribution system. This includes expenses like electricity for pumping and any necessary repairs. The supplied party must also ensure timely payment of these costs to avoid any disruption in water service.

  4. How are costs divided between the parties?

    Costs are generally shared equally between the supplying and supplied parties. For example, if a repair is needed, both parties would contribute half of the total cost. This principle applies to ongoing expenses as well, such as electricity and maintenance costs.

  5. What happens if the well becomes contaminated?

    If the well becomes contaminated or no longer provides adequate water, the rights and obligations of the parties will cease. The agreement allows for a transition to a new water source if one becomes available, ensuring that all parties can secure safe water for their needs.

  6. Can landscaping or improvements be made near the well?

    No party may install landscaping or other improvements that could impair the use of the easements necessary for the well and water distribution system. This ensures that access for maintenance and emergency situations remains clear and unobstructed.

  7. What is the process for terminating the agreement?

    To terminate participation in the Shared Well Agreement, a written statement must be executed and filed at the appropriate county office. Once a party terminates their participation, they must disconnect from the well system and will no longer be responsible for any related expenses.

  8. How are disputes resolved under the agreement?

    Any disputes that arise from the Shared Well Agreement must be resolved through binding arbitration. Each party selects an arbitrator, and those arbitrators will choose a third. This process helps ensure a fair resolution without going to court.

  9. Is the Shared Well Agreement a permanent arrangement?

    The agreement is generally perpetual, meaning it remains in effect until terminated as outlined within the document. However, the specific terms can dictate conditions under which it may be modified or ended.

  10. What should be included in the legal description of the properties?

    The legal description should detail the exact boundaries and characteristics of the properties involved. This information is crucial for defining the parcels of land that are part of the Shared Well Agreement and ensuring clarity for all parties.

Dos and Don'ts

When filling out the Shared Well Agreement form, it's important to ensure accuracy and clarity. Here are some key dos and don'ts to keep in mind:

  • Do double-check all addresses and legal descriptions for accuracy before submitting the form.
  • Do ensure that all parties involved have read and understood the terms of the agreement.
  • Do specify the exact amount for the annual fee and any other costs clearly.
  • Do keep a copy of the completed agreement for your records.
  • Don't leave any sections blank. Fill out all required fields to avoid delays.
  • Don't use vague language. Be specific about rights, responsibilities, and terms.
  • Don't forget to have the agreement signed in the presence of a notary public if required.
  • Don't neglect to communicate with all parties involved if any changes are made to the agreement.