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The Shared Well Agreement form is an essential document for property owners who wish to share a well and its water distribution system. This agreement outlines the responsibilities and rights of both the supplying party, who owns the well, and the supplied party, who benefits from the water supply. The form details the properties involved, designated as Parcel 1 and Parcel 2, and emphasizes the importance of providing a reliable water source for domestic use. It addresses key aspects such as annual fees for water usage, shared maintenance costs, and the procedures for emergency situations. Additionally, it stipulates the terms for easements necessary for the maintenance of the well and distribution system. The agreement also includes provisions for what happens if the well becomes contaminated or if an alternative water source becomes available. Overall, the Shared Well Agreement aims to ensure a fair and cooperative relationship between the parties while safeguarding their respective rights and obligations regarding water access and usage.

Dos and Don'ts

When filling out the Shared Well Agreement form, it's essential to approach the task with care and attention to detail. Here’s a list of things you should and shouldn't do to ensure the process goes smoothly.

  • Do read the entire agreement carefully before filling it out.
  • Do provide accurate and complete information for both parties involved.
  • Do include the legal description of the properties as required.
  • Do ensure that all parties understand their rights and obligations under the agreement.
  • Do consult with a legal expert if you have questions about any terms.
  • Don't leave any blank spaces in the form that are meant to be filled.
  • Don't rush through the process; take your time to avoid mistakes.
  • Don't ignore the payment terms; they are crucial for maintaining the agreement.
  • Don't forget to have the agreement notarized if required.
  • Don't assume that verbal agreements will suffice; everything should be documented.

How to Use Shared Well Agreement

Completing the Shared Well Agreement form is essential for establishing clear rights and responsibilities between parties sharing a well water system. The following steps guide you through the process of filling out the form accurately and effectively.

  1. Begin by entering the date at the top of the form where indicated (____day of __________).
  2. Identify the supplying party by writing their name and address in the designated spaces.
  3. Next, identify the supplied party by writing their name and address in the appropriate fields.
  4. Describe the property owned by the supplying party (Parcel 1) by providing the street address, city, county, state, and zip code. Include a legal description of the property in the space provided.
  5. Similarly, describe the property owned by the supplied party (Parcel 2) with the required details and legal description.
  6. Specify the annual fee for the use of the well and water distribution system in the blank space, along with the adjusted fee for the current year.
  7. Outline the shared expenses for maintenance and operation of the well system, noting that these costs will be divided equally between the parties.
  8. Indicate the responsibilities for removing or replacing any pre-existing site improvements that may be affected by system maintenance.
  9. State the agreement regarding the timely repair and maintenance of water pipes serving each dwelling.
  10. Document the payment timeline for energy costs, ensuring to fill in the blank for the payment due date each month.
  11. Detail the easements necessary for the construction and maintenance of the well and water distribution system.
  12. Specify any restrictions on landscaping or improvements that may impair the use of the easements.
  13. Define the emergency situation access rights for all parties involved.
  14. Clarify that only the designated parcels and their dwellings may receive water from the well.
  15. Include provisions for contamination or inadequate water supply, noting how this will affect the agreement.
  16. State the process for terminating participation in the agreement, including the necessary actions and responsibilities of the parties.
  17. Finally, ensure all parties sign and date the agreement at the bottom, and include any required notary acknowledgment.

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Documents used along the form

The Shared Well Agreement is a crucial document for parties who share a well system, outlining their rights and responsibilities. However, it is often accompanied by several other forms and documents that help clarify and support the agreement. Understanding these additional documents can enhance the effectiveness of the Shared Well Agreement and ensure all parties are well-informed about their commitments.

  • Water Quality Test Report: This document provides evidence that the water from the well meets safety standards for human consumption. It typically includes the results of a water quality analysis conducted by a certified laboratory and is essential for ensuring the health and safety of all users.
  • Easement Agreement: This document outlines the rights of the parties to access and use portions of each other's property for the maintenance and operation of the well and water distribution system. It specifies the locations and conditions under which easements can be used, ensuring that all parties have the necessary access to perform required maintenance.
  • Maintenance and Repair Agreement: This agreement details the responsibilities of each party regarding the upkeep of the well and water distribution system. It outlines how costs will be shared for repairs and maintenance, helping to prevent disputes and ensuring that the system remains functional and efficient.
  • Termination Notice: This document is used when a party wishes to withdraw from the Shared Well Agreement. It provides a formal method for notifying other parties of the intent to terminate participation, ensuring that all parties are aware of changes in rights and responsibilities related to the well system.

By familiarizing themselves with these additional documents, parties involved in a Shared Well Agreement can better navigate their shared responsibilities and protect their interests. Each document plays a vital role in creating a comprehensive framework for managing the well and ensuring a reliable water supply for all involved.

Misconceptions

Understanding the Shared Well Agreement form is essential for property owners who share a well system. However, several misconceptions can lead to confusion. Here are five common misunderstandings:

  • Misconception 1: A Shared Well Agreement is only necessary for large properties.

    • This is not true. Even smaller properties that rely on a shared well benefit from having a formal agreement. It clarifies responsibilities and helps prevent disputes between neighbors.

  • Misconception 2: Once signed, the agreement cannot be changed.

    • In reality, parties can modify the agreement if all involved agree to the changes. Flexibility is important, especially if circumstances change, such as new owners or maintenance needs.

  • Misconception 3: The supplying party is solely responsible for all maintenance costs.

    • This is a common myth. The agreement typically outlines that both parties share maintenance and operational costs. This ensures fairness and accountability for everyone involved.

  • Misconception 4: The agreement automatically terminates if one party moves away.

    • This is misleading. The rights and obligations outlined in the agreement continue until a formal termination process is followed. New owners can step into the agreement unless otherwise stated.

  • Misconception 5: Water quality does not need to be tested regularly.

    • In fact, regular testing is crucial. The agreement may require periodic water quality assessments to ensure safety for all users. This protects the health of everyone relying on the shared well.

File Specs

Fact Name Fact Description
Parties Involved The agreement is between a "supplying party" and a "supplied party," each owning a parcel of land.
Parcel Identification Each party's property is designated as "Parcel 1" and "Parcel 2," with specific legal descriptions required.
Water Supply Purpose The agreement aims to establish a shared well system for domestic water consumption for both parcels.
Annual Fee The supplied party must pay an annual fee for the use of the well, due by January 15 each year.
Maintenance Costs Both parties share the costs of maintenance and operation of the well and water distribution system equally.
Emergency Access In emergencies, parties can access each other's properties to resolve issues affecting water supply.
Termination Conditions The agreement can be terminated if the well becomes contaminated or if an alternative water source is found.
Easements Granted Each party grants easements necessary for the maintenance and operation of the water system across their property.
Prohibition of Unauthorized Use Only designated parcels may use the well; unauthorized individuals cannot draw water from it.
Governing Law The agreement must comply with state laws regarding shared water systems, which vary by jurisdiction.

Key takeaways

  • Ensure that all parties involved are clearly identified in the Shared Well Agreement. This includes full names and addresses of both the supplying party and the supplied party.

  • Provide accurate legal descriptions of both properties, referred to as Parcel 1 and Parcel 2. This is crucial for clarity and future reference.

  • Understand the rights granted by the agreement. Both parties have the right to draw water from the well for domestic use, but not for filling swimming pools.

  • Be aware of the annual fee structure. The supplied party must pay an annual fee for water usage, which is due each January 15th.

  • Recognize shared expenses for maintenance. Both parties are responsible for half of the costs related to the operation and upkeep of the water distribution system.

  • Note the responsibilities for repairs. Each party must maintain and repair the water pipes serving their respective dwellings.

  • Understand the implications of non-payment. If payments for energy costs are not made on time, the supplying party has the right to suspend water service.

  • Be prepared for emergencies. Each party has the right to access the other’s property to address urgent issues that affect water delivery.

  • Recognize the termination process. If a party wishes to exit the agreement, they must file a written statement of termination, which will end their rights to use the well.