Shared Well Agreement PDF Form

Shared Well Agreement PDF Form

The Shared Well Agreement is a legal document that outlines the rights and responsibilities of two parties sharing a well water system. This agreement ensures that both parties can access water for domestic use while also detailing how costs and maintenance responsibilities are shared. To establish clear terms for water usage and maintenance, it is essential to fill out this agreement accurately.

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The Shared Well Agreement is a vital document for property owners who rely on a common water source for their domestic needs. This agreement outlines the relationship between two parties: the "supplying party," who owns the well, and the "supplied party," who benefits from the water it provides. It includes essential details about the properties involved, known as Parcel 1 and Parcel 2, and ensures that both parties understand their rights and responsibilities regarding the well and the associated water distribution system. The agreement stipulates the terms for drawing water, the payment of annual fees, and the sharing of maintenance costs, ensuring that both parties contribute fairly to the upkeep of the system. It also establishes guidelines for emergency situations, easements for necessary repairs, and the procedure for terminating the agreement if the well becomes contaminated or if an alternative water source becomes available. By clearly defining these aspects, the Shared Well Agreement aims to promote cooperation and prevent disputes, providing a framework that benefits current and future owners of the properties involved.

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Your Questions, Answered

  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 share a well and its water distribution system. It specifies the rights and obligations of each party involved regarding the use of the well, maintenance responsibilities, and costs associated with water supply.

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

    The parties involved typically include a "supplying party," who owns the well and the property where it is located, and a "supplied party," who receives water from the well. Each party’s responsibilities and rights are clearly defined 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 of maintenance and operation. This includes a proportionate share of expenses such as electricity and repairs, as well as ensuring timely payment for energy costs associated with the pumping equipment.

  4. How are maintenance costs handled?

    Maintenance costs are shared equally between the supplying party and the supplied party. Before any expenditures for maintenance or improvements are made, consent from all parties is required, except in emergency situations. Each party must also repair and maintain the water pipes or mains serving their respective properties.

  5. What happens if the well becomes contaminated?

    If the well becomes contaminated and no longer supplies safe water, or if another water source becomes available, the rights and obligations under the agreement will cease. The parties will then be required to disconnect from the well system, and the costs for disconnection will be borne by the owner of the affected parcel.

  6. Can landscaping or improvements be made on the properties?

    While property owners may wish to enhance their parcels, they must not install landscaping or improvements that would impair the use of the easements established in the agreement. This ensures that access to the well and water distribution system remains unobstructed.

  7. What is the duration of the Shared Well Agreement?

    The term of the Shared Well Agreement is generally perpetual, meaning it remains in effect until terminated by the parties involved. Termination requires a written statement to be filed with the appropriate county office, and the rights to use the well will end for any parties that choose to terminate.

  8. How are disputes resolved under the agreement?

    Any disputes arising from the Shared Well Agreement must be resolved through binding arbitration. Each party selects an arbitrator, and those arbitrators will then choose a third to mediate the dispute. The arbitration process follows the rules set forth by the American Arbitration Association.

Detailed Guide for Using Shared Well Agreement

After you complete the Shared Well Agreement form, both parties will need to sign it and have it notarized. This ensures that the agreement is legally binding and recognized. Follow the steps below to fill out the form accurately.

  1. Enter the date at the top of the form where indicated (____ day of __________).
  2. Fill in the name of the supplying party and their address, including street address, city, county, state, and zip code.
  3. Fill in the name of the supplied party and their address, including street address, city, county, state, and zip code.
  4. Provide the address of Parcel 1, including street address, city, county, state, and zip code.
  5. Write the legal description of Parcel 1 in the designated area.
  6. Provide the address of Parcel 2, including street address, city, county, state, and zip code.
  7. Write the legal description of Parcel 2 in the designated area.
  8. Fill in the annual fee amount to be paid to the supplying party for the use of the well and water distribution system.
  9. Specify the payment amount for the current year to be paid upon execution of the Agreement.
  10. Detail any easements necessary for the construction and maintenance of the well and water distribution system.
  11. Determine the day of the month for payment of energy costs and fill it in where indicated.
  12. Specify the number of days after which the supplying party may terminate the water supply for unpaid energy costs.
  13. Sign the form where indicated for both parties.
  14. Arrange for a notary public to acknowledge the signatures on the form.

Documents used along the form

When entering into a Shared Well Agreement, several other forms and documents may be necessary to ensure all parties understand their rights and responsibilities. Each of these documents plays a critical role in clarifying the terms of the agreement and protecting the interests of all involved. Below are some commonly used documents that accompany the Shared Well Agreement.

  • Water Quality Test Results: This document provides evidence that the water from the well meets safety standards for human consumption. It is typically issued by a state health authority and is essential for assuring all parties of the water's safety.
  • Easement Agreement: This agreement outlines the specific rights of each party to access the well and the water distribution system. It defines the physical space each party can use for maintenance and repair, ensuring that all parties can perform necessary work without conflict.
  • Maintenance Agreement: This document details the responsibilities of each party regarding the upkeep of the well and water distribution system. It specifies who is responsible for repairs, maintenance costs, and the schedule for regular inspections.
  • Cost Sharing Agreement: This agreement clarifies how costs associated with the well and water system will be divided among the parties. It includes details on how expenses for electricity, repairs, and maintenance will be calculated and paid.
  • Termination Notice: This document is used when a party wishes to exit the Shared Well Agreement. It outlines the process for formally terminating participation, including the necessary steps for disconnection from the well system.

Each of these documents contributes to a clear understanding of the terms set forth in the Shared Well Agreement. By ensuring all parties have access to and agree upon these forms, the likelihood of misunderstandings and disputes can be significantly reduced.

Similar forms

The Shared Well Agreement form is similar to a Shared Driveway Agreement. Both documents establish the rights and responsibilities of property owners who share a common resource. In a Shared Driveway Agreement, the parties agree on the use, maintenance, and repair of a driveway that serves multiple properties. Just as the Shared Well Agreement outlines the costs associated with water usage and maintenance, the Shared Driveway Agreement specifies how expenses for repairs and upkeep will be divided among the owners. Both agreements aim to ensure that all parties can access and benefit from the shared resource while preventing disputes over usage and responsibilities.

Another document similar to the Shared Well Agreement is the Shared Parking Agreement. This agreement is used when multiple property owners share a parking area. Like the Shared Well Agreement, it details the usage rights of each party and outlines the responsibilities for maintenance and costs. Both agreements require clear communication and cooperation among the parties to ensure fair access and prevent conflicts. They also typically include provisions for emergency situations that may arise, ensuring that all parties can act swiftly when needed.

The Shared Fence Agreement is another comparable document. This agreement governs the maintenance and use of a boundary fence between two properties. Similar to the Shared Well Agreement, it specifies the obligations of each party regarding repairs and costs. Both agreements emphasize the importance of cooperation to maintain the shared resource, whether it is a well or a fence. They also include clauses that address disputes and outline procedures for resolving any issues that may arise, promoting harmony between neighboring property owners.

A Shared Utility Agreement also shares similarities with the Shared Well Agreement. This document outlines the rights and obligations of property owners who share utility services, such as electricity or gas. Like the Shared Well Agreement, it details how costs are divided and how maintenance responsibilities are handled. Both agreements serve to protect the interests of all parties involved and ensure that shared resources are used efficiently and fairly. They often include provisions for emergency situations, allowing for prompt action when utility services are disrupted.

The Joint Use Agreement is another document that parallels the Shared Well Agreement. This type of agreement is often used when two or more parties share a facility or resource, such as a recreational area or equipment. Similar to the Shared Well Agreement, it outlines the rights and responsibilities of each party, including how costs and maintenance duties are shared. Both agreements aim to foster cooperation and prevent disputes by clearly defining each party's role in managing the shared resource.

Lastly, the Easement Agreement is akin to the Shared Well Agreement. An Easement Agreement grants one property owner the right to use a portion of another property for a specific purpose, such as access to a well or utility line. Like the Shared Well Agreement, it establishes the terms under which the easement can be used and maintained. Both agreements ensure that the parties involved understand their rights and obligations, thereby preventing misunderstandings and conflicts over the use of shared resources.

File Specifics

Fact Name Details
Parties Involved The agreement is made between a supplying party and a supplied party, each owning separate parcels of land.
Water Usage The agreement allows both parties to draw water from the well for domestic use, but excludes filling swimming pools.
Annual Fee The supplied party must pay an annual fee for the use of the well and water distribution system by January 15 each year.
Cost Sharing Both parties share the costs of maintenance and operation of the well and water distribution system equally.
Termination Conditions The agreement can be terminated if the well becomes contaminated or if another water source becomes available.
Governing Law The agreement is governed by the laws of the state where the properties are located, which may vary by state.