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The Shared Well Agreement form serves as a crucial document for property owners who wish to share a well system for their water supply. This agreement outlines the responsibilities and rights of both the supplying party and the supplied party, ensuring that all parties involved understand their obligations regarding the use and maintenance of the well and water distribution system. It details the properties involved, referred to as Parcel 1 and Parcel 2, and emphasizes the importance of providing adequate water for domestic use. The form stipulates the annual fees for water usage, the sharing of operational costs, and the maintenance responsibilities of each party. Additionally, it includes provisions for emergency situations, easements for access, and conditions under which the agreement can be terminated. By clearly defining these aspects, the Shared Well Agreement aims to promote cooperation and prevent disputes between neighbors while ensuring a reliable water supply for all parties involved.
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Common Questions
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 share a well and the associated water distribution system. It details the rights and responsibilities of each party regarding the use, maintenance, and costs related to the well, ensuring that all parties have access to water for domestic use while protecting their interests.
Who are the parties involved in a Shared Well Agreement?
The parties involved typically include a "supplying party," who owns the property where the well is located, and a "supplied party," who benefits from the water supplied by the well. Each party's responsibilities and rights are clearly defined in the agreement to ensure a fair and cooperative arrangement.
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 water distribution system. Additionally, they must contribute to the costs of operation and maintenance, which are typically shared equally between the parties. This includes expenses for electricity, repairs, and any necessary improvements to the system.
Can the supplied party use the water for any purpose?
While the supplied party has the right to draw water for domestic use, the agreement specifically excludes using the water for filling swimming pools or other non-domestic purposes. This limitation helps ensure that the well can adequately supply all connected households without overextending its capacity.
What happens if the well becomes contaminated?
If the well becomes contaminated or no longer provides sufficient water, the rights and obligations outlined in the Shared Well Agreement will cease. In such cases, the parties may seek an alternative water source, and a reasonable time will be allowed for necessary connections to be made. This provision protects the health and safety of all parties involved.
How is the maintenance of the well and water distribution system handled?
Maintenance responsibilities are shared between the supplying party and the supplied party. Each party must promptly repair and maintain the water pipes serving their respective properties. Additionally, any major repairs or improvements require the consent of both parties, ensuring that both are informed and agree on expenditures for the system's upkeep.
What is the process for terminating the agreement?
To terminate the Shared Well Agreement, a written statement of termination must be executed and filed with the appropriate county office. Once the termination is effective, the parties who withdraw from the agreement will no longer have the right to use the well and must disconnect their respective connections. The costs associated with disconnection will be borne by the owner of the affected parcel.
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 |
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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)
Similar forms
The Shared Well Agreement form shares similarities with several other documents that address property use, shared resources, and obligations between parties. Here are nine such documents and how they relate to the Shared Well Agreement:
- Joint Use Agreement: Like the Shared Well Agreement, a Joint Use Agreement outlines the terms under which two or more parties share a resource, ensuring that all involved understand their rights and responsibilities.
- Easement Agreement: An Easement Agreement grants one party the right to use a portion of another party's property for a specific purpose, similar to how the Shared Well Agreement provides access to water resources across parcels.
- Maintenance Agreement: This document details the responsibilities of each party regarding the upkeep of shared property or resources. The Shared Well Agreement includes similar provisions for maintaining the well and distribution system.
- Water Rights Agreement: A Water Rights Agreement specifies how water resources are allocated among users. The Shared Well Agreement also addresses how water from the well is to be shared between the supplying and supplied parties.
- Partnership Agreement: This type of agreement sets the terms of a partnership, including profit sharing and responsibilities. The Shared Well Agreement functions similarly by establishing shared costs and obligations between the parties.
- Lease Agreement: A Lease Agreement governs the rental of property, including rights to use shared facilities. The Shared Well Agreement similarly defines usage rights for water access on shared parcels.
- Co-Ownership Agreement: This document outlines the rights and responsibilities of co-owners of a property. The Shared Well Agreement specifies the rights of both the supplying and supplied parties regarding water usage.
- Service Agreement: A Service Agreement defines the terms under which one party provides services to another. The Shared Well Agreement serves a similar function by detailing how water services are provided and maintained.
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Ohio Traffic Crash Report: Understanding the Ohio PDF Forms for accurately recording traffic incidents is essential for law enforcement and can significantly aid in data collection and road safety initiatives.
- Community Water System Agreement: This agreement governs the operation of a community water system, ensuring that all users understand their rights and obligations, akin to the provisions in the Shared Well Agreement.
Misconceptions
Misconceptions about the Shared Well Agreement form can lead to confusion among parties involved. Here are nine common misconceptions, clarified for better understanding:
- All parties must share equal costs. While the agreement states that costs should be shared, it specifically outlines how expenses are divided. Each party is responsible for their proportionate share, which may not always be equal.
- The agreement can be terminated at any time. Termination requires a formal process. A written statement must be executed and filed, which means parties cannot simply walk away without following these steps.
- Only the supplying party is responsible for maintenance. Both parties are obligated to maintain their respective water pipes and systems. Each party must act promptly to address maintenance issues.
- Water quality is guaranteed indefinitely. The agreement mentions that water has been tested and deemed safe. However, if the well becomes contaminated in the future, the agreement allows for termination of rights.
- Landscaping can be installed anywhere. The agreement prohibits any landscaping or improvements that could impair easements. This means parties must be cautious about where they place plants or structures.
- Emergency access is unrestricted. While parties can access each other's properties in emergencies, the definition of an emergency is strictly limited to system failures. Other reasons do not warrant access.
- Guests can freely use the well water. The agreement restricts water use to residents and their guests only. Unauthorized use by others is not permitted.
- Disconnection from the well is a shared cost. If a party decides to terminate their participation, they must bear the costs of disconnecting their property from the well system.
- Disputes will always go to court. The agreement requires binding arbitration for disputes. This means that court involvement is not the default resolution method, which can save time and costs.
Understanding these misconceptions can help parties navigate their rights and obligations under the Shared Well Agreement more effectively.
File Attributes
| Fact Name | Details |
|---|---|
| Purpose | The Shared Well Agreement establishes terms for the use and maintenance of a shared well and water distribution system between property owners. |
| Parties Involved | The agreement is between a "supplying party," who owns the well, and a "supplied party," who receives water from the well. |
| Water Quality | Water from the well must meet safety standards as determined by the state health authority to be deemed safe for human consumption. |
| Maintenance Responsibilities | Each party is responsible for maintaining water pipes and paying for shared maintenance costs related to the well and water system. |
| Emergency Access | Parties have the right to access each other's parcels in emergency situations to address issues with the 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 in which the properties are located, which may vary by jurisdiction. |
| Dispute Resolution | Any disputes under the agreement must be resolved through binding arbitration, following the rules of the American Arbitration Association. |