Blank Shared Well Agreement Form

1. What is a Shared Well Agreement?

   A Shared Well Agreement is a legal document that outlines the rights and responsibilities of parties who share a water well. It defines how water will be accessed, how costs will be divided, and the obligations of each party regarding maintenance and repairs.

2. Who are the parties involved in the Agreement?

   The Agreement includes two main parties: the "supplying party," who owns the well, and the "supplied party," who uses water from that well. Each party also represents the future owners of their respective parcels of land.

3. What are the rights granted to each party?

   Each party has the right to access water from the well for domestic use. However, drawing water to fill swimming pools is specifically excluded. Both parties must work together to maintain sufficient water supply for their households.

4. How are maintenance and operational costs shared?

   Both parties share the costs of maintaining and operating the well and distribution system equally. This includes expenses like electricity, repairs, and any other necessary maintenance costs. Each party is responsible for paying their share in a timely manner.

5. What happens if one party does not pay their share?

   If a party does not pay their proportion of costs within the agreed timeframe, water supply may be terminated until all overdue payments are made. Consistent payment is essential to maintain access to water.

6. Can I make changes to the property that would affect the well or water system?

   No structural changes or landscaping that could impair the use of the easements for the well and water distribution system are allowed. Any modifications impacting the well operations require the consent of all parties involved.

7. What constitutes an emergency regarding the well?

   An emergency is defined as any situation where the water supply fails to deliver water upon demand. In such cases, any party can take immediate action to resolve the issue and access the affected parcel without prior notice.

8. What happens if the well becomes contaminated?

   If the well becomes contaminated or cannot adequately serve the parties' needs, the rights and obligations under the Agreement will cease. Options available for finding a new water source will be explored, allowing a reasonable timeframe for implementation.

9. How can one party terminate their participation in the Agreement?

   A party wishing to terminate their participation must file a written statement of termination at the local deeds office. Upon termination, that party must disconnect their water service and will not be responsible for future maintenance costs.

10. What if there are disputes between the parties?

    Any disputes arising under the Agreement must be resolved through binding arbitration. Each party selects one arbitrator, and those arbitrators will choose a third to resolve the issue, following the rules of the American Arbitration Association.

Filling out the Shared Well Agreement form can be challenging. Common mistakes can lead to complications later on. Understanding these pitfalls can help ensure a smoother process.

One common mistake people make is failing to provide complete addresses for all parties involved. Each party's address must include street, city, county, state, and zip code. Inaccurate or incomplete address information can cause significant delays in processing the agreement.

Another issue arises when individuals neglect to include a proper legal description of the property. This information is crucial for clearly identifying the parcels involved in the agreement. Without accurate legal descriptions, disputes may arise regarding property boundaries and the rights of the parties using the well.

Some people overlook the importance of specifying the annual fee. It is essential to fill in the exact dollar amount that the supplied party agrees to pay each year. Any ambiguity in this section can lead to disagreements about payment expectations in the future.

In addition, parties often forget to outline the easements necessary for maintenance and repair. This section helps define the access rights each party has over the other’s property. Failing to describe these easements can lead to arguments when maintenance issues arise.

The agreement also requires parties to pay a share of operational costs, but many fail to understand the proportionate allocation of expenses. This oversight can create friction between parties if expenses are not shared as intended. It’s important to make sure everyone is aware of their financial responsibilities.

Another error involves not addressing what happens in case of contamination. Including specific terms regarding water quality issues is vital to protect all parties' rights if the shared well becomes unsafe. Without this clause, there might be uncertainty regarding responsibilities for sourcing alternative water.

Finally, some individuals do not follow through with the necessary recording of termination statements if they decide to exit the agreement. If a participant wishes to leave the agreement but does not file the appropriate paperwork, it could lead to ongoing obligations and financial liabilities. Properly documenting any decision to withdraw is crucial for protecting one’s interests.

The Shared Well Agreement is a vital document that outlines the terms and conditions under which parties can share the use of a well and its water distribution system. In conjunction with this agreement, several other forms and documents may be utilized to ensure clarity and legal protection regarding responsibilities and commitments. Below is a summary of commonly used related documents.

• Property Deed: This legal document conveys ownership of the parcel of land and is crucial for establishing the boundaries and rights associated with the property where the well exists.
• Easement Agreement: This document grants rights to one party to use a portion of another party's land, typically for utility access. It outlines the specifics of how and where rights can be exercised.
• Water Quality Testing Report: This report provides evidence that the water from the well meets safety standards for human consumption. It is essential for establishing trust among parties regarding the health implications of shared water use.
• Maintenance Agreement: This document outlines the roles and responsibilities of each party regarding upkeep and repair of the well and the water distribution system, ensuring that all parties are on the same page about maintenance obligations.
• Termination Notice: This form is necessary when one or more parties wish to exit the Shared Well Agreement. It must be properly completed and filed to terminate their rights and obligations associated with the well.

Collectively, these documents enhance the legal framework of the shared well arrangement. Proper execution and understanding of each document can prevent disputes and ensure the effective use of shared resources.

• Shared Access Agreement: Similar to the Shared Well Agreement, this document outlines the rights and responsibilities of parties regarding the shared use of a property or resource, focusing on access and maintenance.
• Ownership Agreement: This document typically details the division of rights and responsibilities among owners of jointly owned property, similar to how the Shared Well Agreement details the rights of the supplying and supplied parties.
• Maintenance Agreement: This agreement sets forth the obligations of parties concerning maintenance responsibilities, paralleling the Shared Well Agreement’s provisions for maintenance of the well system.
• Water Use Agreement: Like the Shared Well Agreement, this document regulates shared water resources, specifying usage rights and shared costs among the users.
• Easement Agreement: This agreement establishes the rights of one party to use land owned by another. It is similar to the easements described in the Shared Well Agreement concerning access for maintenance.
• Utilities Sharing Agreement: Similar to a Shared Well Agreement but broader in scope, this document outlines shared costs and responsibilities related to various utilities among owners or residents.
• Lease Agreement: This document addresses the terms under which one party may use property owned by another, akin to the rights established in the Shared Well Agreement for using the well.
• Service Agreement: This outlines the terms under which one party provides a service to another. It is similar to the agreement where water service is provided by the supplying party to the supplied party.
• Partnership Agreement: This outlines the relationship between parties who collaborate on a business or shared interest, reflecting the cooperative nature of the parties in the Shared Well Agreement.
• Transfer Agreement: This document governs the transfer of rights and obligations relating to shared resources, paralleling terms in the Shared Well Agreement regarding rights upon termination.

When filling out the Shared Well Agreement form, consider the following dos and don'ts:

• Do ensure all personal information, such as names and addresses, is accurate and complete.
• Do double-check the legal descriptions for both Parcel 1 and Parcel 2 to avoid any potential disputes.
• Do specify payment amounts and deadlines clearly to prevent misunderstandings.
• Do keep a copy of the completed agreement for your records.

• Don't skip any sections of the form, as incomplete information may lead to issues later.
• Don't overlook obtaining the necessary signatures from all involved parties before submitting.
• Don't forget to have the agreement notarized to ensure its validity.
• Don't hesitate to clarify any term or condition that seems unclear before signing.

Misconceptions about the Shared Well Agreement can lead to misunderstandings among parties involved in the arrangement. Here are five common misconceptions, along with explanations to clarify them:

• Misconception 1: The agreement is only about sharing the well.

While the primary purpose is to facilitate the sharing of well water, the agreement also outlines responsibilities for maintenance, costs, and other essential terms to ensure that both parties have a clear understanding of their rights and obligations.

• Misconception 2: All costs are equally shared without consideration.

The agreement specifies that each party is responsible for half of the maintenance expenses. However, different situations might necessitate varying contributions based on specific circumstances, thus requiring careful attention to shared expenses.

• Misconception 3: The agreement terminates automatically if the well becomes contaminated.

Contamination or inadequacy of water supply does not automatically dissolve the agreement. The parties need to follow specific protocols outlined in the document regarding termination rights and procedures if such issues arise.

• Misconception 4: Future homeowners or occupants are not bound by the agreement.

The Shared Well Agreement is designed to run with the land. This means that future owners or occupants inherit the rights and obligations under the agreement, ensuring continuity of responsibilities related to the shared well.

• Misconception 5: The agreement can be disregarded once signed.

The agreement is legally binding upon execution. The parties involved must adhere to its terms throughout its duration, and any attempts to ignore these terms can lead to disputes or legal consequences.

• Clearly identify the parties involved. Fill in all necessary information, including full names and addresses of both the supplying party and the supplied party.

• Provide accurate legal descriptions of the properties associated with the well and water distribution system. This ensures clarity and prevents future disputes over boundaries.

• Outline the terms for water usage. Emphasize that water is for domestic use only and cannot be used for filling swimming pools.

• The supplied party must pay an annual fee and share operational costs. Specify these amounts and deadlines to avoid misunderstandings.

• Remind all parties of their responsibility for maintenance. Quick action is crucial for any repairs or maintenance related to the water distribution system.

• Establish easements clearly. Describe the easements necessary for the construction and maintenance of relevant infrastructure to avoid restrictions on future improvements.

• Anticipate termination of the Agreement. Make provisions clear about what happens if the well becomes contaminated or a new water source is found.