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The Shared Well Agreement form serves as a critical document for property owners who wish to collaborate on water resources from a single well system. This agreement outlines the rights and responsibilities of the supplying party, who owns the well, and the supplied party, who benefits from the water access. It specifies the properties involved, referred to as Parcel 1 and Parcel 2, and provides detailed legal descriptions of each. The form establishes the terms under which water will be drawn from the well, ensuring that it is used solely for domestic purposes and not for activities like filling swimming pools. Additionally, it addresses the financial obligations of the supplied party, including an annual fee and shared maintenance costs, while also detailing the procedures for repairs, emergency access, and the necessary easements for infrastructure. Importantly, the agreement includes provisions for the termination of participation and outlines the conditions under which the rights and obligations may cease, particularly in the event of contamination or the availability of alternative water sources. Overall, this document is essential for facilitating a clear understanding between parties and ensuring a sustainable and equitable use of shared water resources.

Key takeaways

When filling out and using the Shared Well Agreement form, it’s essential to keep several key points in mind to ensure clarity and effectiveness in the arrangement.

  • Identify the Parties Clearly: Make sure to accurately fill in the names and addresses of both the supplying party and the supplied party. This establishes who is involved in the agreement.
  • Define the Properties: Clearly describe the properties involved, referred to as Parcel 1 and Parcel 2. This includes providing legal descriptions to avoid any confusion later on.
  • Understand Cost Sharing: Each party is responsible for a proportionate share of expenses related to the well and water distribution system. Be aware of what these costs entail, such as maintenance and energy costs.
  • Emergency Access: In case of an emergency, parties have the right to access each other's properties to resolve issues with the water system. Know what constitutes an emergency to act swiftly if needed.
  • Termination Conditions: Familiarize yourself with the terms under which the agreement can be terminated. This includes understanding how to disconnect from the well system if necessary.
  • Legal Obligations: Recognize that the agreement is binding on future owners and occupants of the properties. This means that responsibilities and rights will carry on, even if ownership changes.

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Documents used along the form

The Shared Well Agreement is an essential document for parties sharing a well system. However, it often accompanies several other forms and documents that help clarify rights, responsibilities, and operational procedures. Below is a list of related documents that are frequently used in conjunction with the Shared Well Agreement, each serving a unique purpose in ensuring smooth operation and maintenance of shared water resources.

  • Well Maintenance Agreement: This document outlines the specific responsibilities of each party regarding the upkeep and repair of the well and associated infrastructure. It typically includes details on how maintenance costs will be shared and the procedures for notifying parties about necessary repairs.
  • Motorcycle Bill of Sale: This form is crucial for documenting the sale or transfer of a motorcycle in New York State, serving as proof of ownership during the registration process. For more information, visit Formaid Org.
  • Easement Agreement: An easement agreement grants permission for one party to use a portion of another party's property for specific purposes, such as accessing the well or water distribution system. This document clarifies the extent and limitations of such access, ensuring that all parties understand their rights.
  • Water Quality Testing Agreement: This form outlines the procedures for regular testing of the water quality from the shared well. It specifies who is responsible for conducting tests, how often they should occur, and how results will be communicated among the parties involved.
  • Cost Sharing Agreement: This document details how costs associated with the well's operation, maintenance, and repairs will be divided among the parties. It may include provisions for unexpected expenses and the process for agreeing on shared costs.
  • Termination Notice: This form is used when a party wishes to exit the Shared Well Agreement. It outlines the necessary steps for termination, including any financial obligations that must be fulfilled before leaving the agreement.
  • Dispute Resolution Agreement: This document provides a framework for resolving disputes that may arise between the parties regarding the shared well. It often includes mediation or arbitration procedures to ensure conflicts are handled efficiently and fairly.
  • Insurance Agreement: This agreement specifies the insurance coverage required for the well and water distribution system. It outlines the types of insurance each party must maintain and the responsibilities for any claims related to the shared resource.
  • Water Usage Policy: This document establishes guidelines for how water from the shared well can be used. It may cover restrictions on usage, such as prohibiting water for non-domestic purposes, to ensure equitable access for all parties involved.

Understanding these additional documents is crucial for anyone entering into a Shared Well Agreement. Each plays a vital role in fostering a cooperative relationship among parties while protecting their rights and responsibilities. By being informed about these related forms, individuals can navigate the complexities of shared water resources more effectively.

Dos and Don'ts

When filling out the Shared Well Agreement form, it’s important to follow some best practices to ensure clarity and compliance. Here’s a helpful list of things you should and shouldn’t do:

  • Do: Clearly write the date at the top of the form to establish when the agreement takes effect.
  • Do: Provide complete and accurate addresses for both the supplying party and supplied party.
  • Do: Include a detailed legal description of both properties to avoid any confusion.
  • Do: Specify the annual fee and payment deadlines clearly to ensure both parties understand their financial obligations.
  • Do: Discuss and agree on the proportionate share of maintenance costs before signing the agreement.
  • Don’t: Leave any sections blank. Ensure every required field is filled out completely.
  • Don’t: Use vague language. Be specific about terms, especially regarding rights and obligations.
  • Don’t: Forget to include the easement descriptions if applicable. This helps clarify access rights for maintenance.
  • Don’t: Ignore the need for signatures. Both parties must sign and date the agreement to make it valid.

By adhering to these guidelines, you can help ensure that the Shared Well Agreement is clear and enforceable for all parties involved.

Common mistakes

Filling out the Shared Well Agreement form requires attention to detail, yet many individuals make common mistakes that can lead to misunderstandings or disputes. One prevalent error is failing to provide complete addresses for both parties involved. Each address should include the street address, city, county, state, and zip code. Incomplete information can create confusion about the parties’ identities and their respective properties.

Another frequent mistake is neglecting to include a thorough legal description of the properties involved. This section is crucial as it defines the boundaries and specifics of the parcels. Omitting this information can lead to ambiguity about which properties are covered under the agreement, potentially causing disputes over water rights and responsibilities.

People often overlook the importance of specifying the annual fee for the use of the well and water distribution system. Leaving this section blank or entering an incorrect amount can lead to disagreements about payment obligations. It is essential to clearly state the fee and ensure both parties agree on the terms before signing.

Additionally, many individuals fail to understand the implications of the shared expenses clause. This section outlines how costs for maintenance and repairs will be divided. Misunderstanding this can lead to one party feeling unfairly burdened with expenses. Clear communication about these costs prior to signing the agreement is vital.

Another common oversight is not obtaining consent for expenditures related to system maintenance or improvements. The agreement stipulates that all parties must agree before any costs are incurred, except in emergencies. Ignoring this requirement can result in one party being responsible for unexpected expenses that they did not approve.

Moreover, parties sometimes neglect to describe the necessary easements in detail. Easements are vital for access to the well and water distribution system. Failing to specify these can lead to access issues in the future, complicating maintenance and repairs.

Lastly, individuals may forget to include the termination conditions of the agreement. Clearly outlining how and when parties can terminate their participation is crucial to avoid future conflicts. If this section is vague or missing, it may lead to disputes about rights and obligations once one party decides to withdraw from the agreement.

File Characteristics

Fact Name Details
Purpose The Shared Well Agreement outlines the terms under which two parties can share a well and its water distribution system.
Parties Involved The agreement is between a supplying party and a supplied party, each owning property with specific addresses.
Parcel Descriptions Each party's property is referred to as Parcel 1 and Parcel 2, with legal descriptions required for clarity.
Water Quality The water must be analyzed and deemed safe for human consumption by the relevant state health authority.
Annual Fee The supplied party must pay an annual fee for using the well, with specific payment deadlines outlined.
Shared Expenses Both parties are responsible for sharing the costs of maintenance and operation of the water system.
Easements The agreement grants necessary easements for maintenance and operation of the well and water distribution system.
Emergency Access In case of an emergency, either party can access the other's property to address urgent issues related to 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 governed by the laws of the state in which the properties are located; specific state laws should be referenced.

Form Sample

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)