Structure
The Shared Well Agreement form is a vital document designed to facilitate the use of a communal well between two or more property owners. It outlines the rights and responsibilities of the parties involved, ensuring a clear understanding of how the well and its associated water distribution system will be managed and maintained. This agreement typically identifies the supplying party, who owns the well, and the supplied party, who benefits from the water service. It includes essential details such as the legal descriptions of the properties involved, the terms for drawing water, and the financial obligations for maintenance and operation costs. The agreement also specifies the process for resolving disputes, the conditions under which the agreement can be terminated, and the responsibilities for repairs and emergency situations. Additionally, it addresses the need for water quality analysis and the requirement for consent before any significant expenditures. By formalizing these aspects, the Shared Well Agreement aims to protect the interests of all parties while ensuring a reliable water supply for domestic use.
Common mistakes
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Incomplete Information: Failing to fill out all required fields can lead to delays. Make sure to provide complete names, addresses, and legal descriptions for both parcels.
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Incorrect Dates: Entering the wrong date can create confusion about the agreement's timeline. Always double-check the date of signing and any payment deadlines.
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Missing Signatures: Forgetting to sign the agreement is a common oversight. Ensure that both parties sign and date the document to validate it.
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Ambiguous Legal Descriptions: Providing vague or unclear descriptions of the properties can lead to misunderstandings. Use precise legal language to describe each parcel.
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Ignoring Payment Details: Not specifying the annual fee or payment schedule can cause disputes later. Clearly state the amounts and due dates for all payments.
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Overlooking Emergency Provisions: Failing to address emergency situations can result in complications. Clearly outline what constitutes an emergency and the procedures to follow.
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Neglecting Easement Descriptions: Not detailing the easements can lead to access issues. Be specific about the easements required for maintenance and construction.
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Forgetting to Review Terms: Skipping a review of the agreement’s terms can result in misunderstandings. Both parties should read and agree to all terms before signing.
Preview - 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 |
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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)
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Documents used along the form
A Shared Well Agreement is a vital document for parties who wish to jointly utilize a well system for water supply. However, several other forms and documents often accompany this agreement to ensure clarity and legality in the shared use of resources. Here are some commonly used documents:
- Water Quality Test Results: This document provides evidence that the water from the well has been tested and deemed safe for human consumption. It typically includes the results of the analysis conducted by a state health authority.
- Easement Agreement: This document grants permission for one party to use a portion of another party’s property for specific purposes, such as accessing the well or maintaining water distribution systems. It outlines the rights and responsibilities associated with the easement.
- Maintenance Agreement: This agreement details the responsibilities of each party regarding the upkeep of the well and water distribution system. It clarifies who is responsible for repairs, maintenance costs, and the schedule for regular inspections.
- Mobile Home Bill of Sale: A crucial document that facilitates the transfer of ownership of a mobile home, detailing the buyer, seller, and property specifics. Understanding the importance of this form can prevent misunderstandings during the transaction process. For more information, visit the Mobile Home Bill of Sale.
- Termination Notice: When a party wishes to withdraw from the Shared Well Agreement, this document formally notifies the other party of their intent to terminate their participation. It outlines the necessary steps to disconnect from the well system.
- Payment Agreement: This document specifies the payment terms related to the use of the well, including annual fees and shared maintenance costs. It ensures that all parties are aware of their financial obligations.
- Liability Waiver: This waiver protects the supplying party from legal claims arising from the use of the well by the supplied party. It outlines the risks associated with using shared water resources and requires the supplied party to acknowledge these risks.
- Arbitration Agreement: This document outlines the procedures for resolving disputes related to the Shared Well Agreement. It specifies that any disagreements will be settled through binding arbitration rather than litigation.
These documents work together to create a comprehensive framework for the shared use of a well. By ensuring that all parties understand their rights and responsibilities, they help prevent misunderstandings and disputes in the future.
Similar forms
The Shared Well Agreement form is similar to a Joint Use Agreement, which outlines the terms under which two or more parties can share a resource or facility. This type of agreement typically specifies the rights and responsibilities of each party, including how costs will be divided and how the resource will be maintained. Like the Shared Well Agreement, a Joint Use Agreement aims to prevent disputes by clearly defining the terms of use and ensuring that all parties are aware of their obligations.
Another document that shares similarities is a Water Rights Agreement. This agreement establishes the rights of individuals or entities to use water from a specific source. It often includes details about the quantity of water available, how it can be used, and any limitations on usage. Much like the Shared Well Agreement, a Water Rights Agreement seeks to protect the interests of all parties involved and ensures sustainable use of water resources.
A Partnership Agreement also bears resemblance to the Shared Well Agreement. This document outlines the terms of a business relationship between two or more parties, including contributions, profit sharing, and responsibilities. Both agreements serve to clarify expectations and obligations, helping to prevent misunderstandings that could lead to disputes down the line.
The Easement Agreement is another document that aligns with the Shared Well Agreement. An Easement Agreement grants one party the right to use a portion of another party's property for a specific purpose, such as accessing a well. Both agreements address the need for access to shared resources while protecting the rights of property owners, ensuring that all parties can utilize the resource without infringing on each other’s property rights.
A Maintenance Agreement is also similar, as it outlines the responsibilities of parties in maintaining a shared resource. This type of agreement specifies who is responsible for repairs, routine maintenance, and associated costs. Like the Shared Well Agreement, a Maintenance Agreement aims to ensure that the resource remains functional and that all parties contribute fairly to its upkeep.
The Shared Well Agreement has similarities to a Water Supply Agreement. Both documents establish terms for sharing water resources between property owners. They detail the responsibilities of each party, including maintenance costs and the allocation of water. Just as a Shared Well Agreement ensures both parties have access to a well, a Water Supply Agreement delineates the means and conditions under which water services are provided to different parties, ensuring a clear understanding of rights and obligations. For more information, you can visit georgiapdf.com.
Finally, a Lease Agreement can be compared to the Shared Well Agreement in that it establishes the terms under which one party can use another party’s property. While a Lease Agreement typically involves rental payments and specific usage terms, both documents require clear communication of rights and responsibilities to prevent conflicts and ensure smooth operation of shared resources.
Dos and Don'ts
When filling out the Shared Well Agreement form, it's important to follow certain guidelines to ensure accuracy and clarity. Here’s a list of things to do and avoid:
- Do read the entire agreement carefully before starting to fill it out.
- Do provide complete and accurate information for all parties involved, including names and addresses.
- Do clearly describe the properties involved, including legal descriptions if required.
- Do specify the annual fee and payment deadlines clearly.
- Do ensure all parties agree on shared costs for maintenance and repairs before signing.
- Don't leave any sections blank unless instructed to do so.
- Don't use vague language when describing the properties or terms of the agreement.
- Don't forget to have all parties sign and date the agreement.
- Don't overlook the need for notarization, if required by your state.
- Don't assume that verbal agreements are sufficient; everything should be documented in writing.
Key takeaways
The Shared Well Agreement is a crucial document for parties sharing a well water system. Here are key takeaways to consider when filling out and using this form:
- Identify the Parties: Clearly state the names and addresses of both the supplying party and the supplied party. This ensures that all parties are legally recognized.
- Property Descriptions: Provide detailed legal descriptions of both Parcel 1 and Parcel 2. This information is essential for clarity on which properties are involved.
- Water Usage Rights: Specify that both parties have the right to draw water for domestic use, while excluding uses such as filling swimming pools.
- Annual Fees: Outline the annual fee for using the well and water distribution system, including the due date for payments. This establishes financial expectations.
- Shared Expenses: Detail how costs for maintenance and operation will be shared. Each party should be aware of their financial responsibilities.
- Emergency Situations: Define what constitutes an emergency and clarify that parties have access to the relevant parcel to address these situations.
- Termination of Agreement: Explain the conditions under which the agreement can be terminated, including contamination of the well or availability of a new water source.
- Easements: Include any necessary easements for maintenance and operation of the well and water system, ensuring that both parties understand their rights.
- Dispute Resolution: Establish that disputes will be resolved through binding arbitration, which provides a clear process for addressing conflicts.
By considering these takeaways, parties can ensure a smoother experience when completing and utilizing the Shared Well Agreement form.
How to Use Shared Well Agreement
Once you have the Shared Well Agreement form in hand, it’s important to ensure that you fill it out accurately. This will help clarify the responsibilities and rights of each party involved in the agreement. Follow the steps below to complete the form correctly.
- Begin by entering the date at the top of the form where it says "this ____ day of __________."
- In the first blank, write the name of the supplying party and their address in the designated spaces.
- Next, fill in the name of the supplied party and their address in the corresponding blanks.
- Identify the property owned by the supplying party. Write the address and include a legal description of Parcel 1 in the space provided.
- Now, do the same for Parcel 2. Provide the address and legal description for the property owned by the supplied party.
- In the section detailing the well system, confirm that the well is adequate for the needs of both parcels.
- Specify the annual fee for the supplied party’s use of the well and water distribution system. Include the amount due this year as well.
- Outline how shared expenses for operation and maintenance will be divided between the parties.
- Describe any easements necessary for the construction and maintenance of the well and water distribution system.
- Indicate the due date for energy cost payments and the consequences of late payments.
- Make sure to sign and date the form at the bottom. If required, have the document notarized.
After completing the form, ensure that all parties involved review and understand the terms before signing. This agreement will help facilitate a smooth relationship regarding the shared water supply.