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Contents

The Shared Well Agreement form is a crucial document for property owners who rely on a communal well for their water supply. It outlines the responsibilities and rights of both the supplying party, who owns the well, and the supplied party, who benefits from its use. This agreement ensures that both parties understand their obligations regarding the maintenance and operation of the well and the water distribution system. Key components include the annual fees for water usage, shared costs for maintenance and repairs, and the terms for accessing the well. Additionally, it addresses the rights of future owners and occupants, ensuring that everyone connected to the system can draw water for domestic purposes. The form also includes provisions for emergency situations, payment schedules, and the process for terminating the agreement if necessary. By detailing these aspects, the Shared Well Agreement promotes a cooperative relationship between property owners and helps prevent disputes over water access and costs.

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Similar forms

  • Joint Use Agreement: Similar to a Shared Well Agreement, this document outlines the terms under which two or more parties can share and utilize a resource, such as land or facilities. It specifies rights, responsibilities, and maintenance obligations.
  • Sales Tax Refund Process: Understanding the process for claiming a sales tax refund is essential for eligible purchasers. Similar to other agreements, the ST-12B Georgia form outlines the information needed for a successful claim. To learn more about this important document and how it can help you reclaim overpaid sales tax, visit https://georgiapdf.com/st-12b-georgia/.
  • Water Supply Agreement: This document governs the terms of water supply between a provider and a user. It includes details about the quality of water, supply rates, and maintenance responsibilities, similar to the provisions found in a Shared Well Agreement.
  • Maintenance Agreement: This agreement details the responsibilities of each party regarding the upkeep of shared facilities or resources. Like the Shared Well Agreement, it emphasizes the importance of regular maintenance and cost-sharing.
  • Easement Agreement: An Easement Agreement grants one party the right to use a portion of another party's property for a specific purpose. The Shared Well Agreement also includes easements for accessing water distribution systems.
  • Co-Ownership Agreement: This document outlines the rights and responsibilities of co-owners of a property. It is similar to the Shared Well Agreement in that it defines how shared resources, like water, are managed and utilized.
  • Lease Agreement: A Lease Agreement establishes the terms under which one party can use another's property. It may include shared utilities and maintenance, akin to the water-sharing terms in the Shared Well Agreement.
  • Homeowners Association (HOA) Agreement: This agreement outlines the rules and responsibilities of homeowners in a community. Like the Shared Well Agreement, it often includes provisions for shared resources and communal maintenance.
  • Service Agreement: A Service Agreement defines the terms under which services, such as water supply, are provided. It shares similarities with the Shared Well Agreement by detailing service fees and maintenance obligations.
  • Partnership Agreement: This document outlines the terms of a partnership between parties, including resource sharing and responsibilities. It parallels the Shared Well Agreement in establishing mutual obligations and benefits.

Document 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 pre-existing site improvements on an individual

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)

Form Specs

Fact Name Fact Description
Purpose The Shared Well Agreement outlines the terms for sharing a well and water distribution system between property owners.
Parties Involved It involves two parties: the supplying party, who owns the well, and the supplied party, who receives water from it.
Legal Description The agreement requires a legal description of both properties involved, referred to as Parcel 1 and Parcel 2.
Water Quality Water from the well must pass a quality analysis by the state health authority to ensure it is safe for consumption.
Annual Fee The supplied party agrees to pay an annual fee for using the well, due by January 15 each year.
Cost Sharing Both parties share costs for maintenance and operation of the water distribution system equally.
Easements The agreement grants easements for necessary construction and maintenance of the well and water system.
Termination Conditions The agreement can be terminated if the well becomes contaminated or if an alternative water source becomes available.
Governing Law The agreement is subject to the laws of the state where the properties are located, which may vary.

Crucial Questions on This Form

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 parties can share a well and its water distribution system. This agreement is essential for ensuring that all parties understand their rights and responsibilities regarding water usage, maintenance costs, and access to the well. It helps prevent misunderstandings and disputes between neighbors who rely on the same water source.

Who are the parties involved in a Shared Well Agreement?

Typically, there are two main parties involved: 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 benefit from the well. Both parties agree to the terms of the agreement to ensure a fair and equitable sharing of water and costs related to the well and its maintenance.

What are the key responsibilities outlined in the agreement?

The Shared Well Agreement clearly defines the responsibilities of each party. Key responsibilities include:

  1. Paying an annual fee for the use of the well and water distribution system.
  2. Sharing the costs for maintenance and repairs of the well and distribution system.
  3. Ensuring that any landscaping or improvements do not interfere with the easements necessary for accessing the well.
  4. Maintaining their own water pipes and systems connected to the well.

These responsibilities help maintain a good relationship between the parties and ensure the well operates efficiently.

What happens if the well becomes contaminated?

If the well becomes contaminated or no longer provides adequate water, the rights and obligations outlined in the Shared Well Agreement will cease. The parties can then explore alternative water sources. It is important to note that once a new source is available, a reasonable time will be allowed for the necessary connections. This clause ensures that all parties are protected in case of unforeseen circumstances affecting the well's functionality.

Documents used along the form

The Shared Well Agreement is a critical document for parties who wish to share a water well and its associated infrastructure. It outlines the rights and responsibilities of each party involved. However, there are several other forms and documents that are often used in conjunction with this agreement to ensure clarity and legal compliance. Below is a list of these documents.

  • Property Deed: This document establishes ownership of the property where the well is located. It provides legal proof of ownership and details about the property boundaries.
  • Water Quality Test Results: This report verifies that the water from the well is safe for human consumption. It is usually required by local health authorities before the well can be used.
  • Maintenance Agreement: This document outlines the responsibilities of each party regarding the maintenance and repair of the well and water distribution system. It ensures that all parties are aware of their obligations.
  • Easement Agreement: This document grants legal access to the property where the well is located. It allows other parties to use the easement for maintenance and repairs without infringing on property rights.
  • Shared Costs Agreement: This agreement specifies how costs related to the operation and maintenance of the well will be shared among the parties. It helps prevent disputes over financial responsibilities.
  • Termination Agreement: This document outlines the process for any party wishing to withdraw from the Shared Well Agreement. It details the necessary steps and obligations upon termination.
  • Insurance Policy: A policy that covers potential damages or liabilities related to the well and water distribution system. This protects all parties from unforeseen expenses.
  • Arbitration Agreement: This document specifies how disputes related to the Shared Well Agreement will be resolved through arbitration, rather than litigation, providing a streamlined process for conflict resolution.
  • Neighbor Notification Letter: A letter informing nearby property owners about the shared well agreement. This is often a courtesy to ensure transparency and maintain good neighborly relations.
  • Lease Agreement: Similar to the Shared Well Agreement, a Lease Agreement defines the terms of property rental and the obligations of both parties. For further information, you can refer to the https://freebusinessforms.org/ which includes templates and guidelines for drafting such agreements.
  • State Compliance Documentation: Any forms or certifications required by state or local authorities to ensure compliance with regulations governing well usage and water quality.

Each of these documents plays a vital role in the overall management and operation of a shared well system. It is essential for all parties involved to understand their contents and implications to ensure a smooth and cooperative relationship.

Misconceptions

Understanding the Shared Well Agreement can be complicated, and misconceptions often arise. Here are seven common misunderstandings about this important document:

  • Misconception 1: The Shared Well Agreement is optional.

    • Many people believe that having this agreement is not necessary if they are sharing a well. However, a written agreement is crucial to outline the rights and responsibilities of each party involved. Without it, disputes can arise, leading to costly and time-consuming conflicts.

  • Misconception 2: All parties can use the well water freely.

    • Some assume that sharing a well means unrestricted access to water. In reality, the agreement specifies that water is for domestic use only and excludes uses like filling swimming pools. This helps prevent overuse and ensures adequate supply for all parties.

  • Misconception 3: The supplying party bears all costs.

    • It is a common belief that the owner of the well is solely responsible for all expenses related to the well and water distribution system. In fact, the agreement stipulates that both parties share the costs for operation and maintenance, promoting fairness and cooperation.

  • Misconception 4: The agreement lasts indefinitely without conditions.

    • While the Shared Well Agreement may be described as perpetual, it can be terminated under specific conditions. For example, if the well becomes contaminated or if another water source becomes available, the agreement can cease to exist.

  • Misconception 5: There are no consequences for non-payment.

    • Some individuals think they can delay payments without repercussions. However, the agreement clearly states that if payments are not made within a specified timeframe, the supplying party has the right to terminate water supply until all dues are settled.

  • Misconception 6: Any improvements can be made to the well or water system without consent.

    • Many believe that they can make changes to the well or water distribution system independently. The agreement requires that all parties consent to any expenditures for maintenance or improvements, ensuring that decisions are made collaboratively.

  • Misconception 7: Disputes can be resolved through the courts.

    • Some people think that they can take disputes over the agreement to court. However, the agreement mandates that disputes must be resolved through binding arbitration, which is often a quicker and less expensive process than litigation.