Fill in a Valid Shared Well Agreement Template

1. Incomplete Information: Failing to fill in all required fields can lead to confusion and delays. Ensure that both parties' names, addresses, and the date are fully completed.

2. Incorrect Property Descriptions: Providing inaccurate legal descriptions of the properties involved can cause disputes later on. Double-check that the addresses and descriptions match official documents.

3. Missing Signatures: Forgetting to sign the agreement is a common mistake. Both parties must sign and date the document for it to be valid.

4. Ignoring Payment Details: Not specifying the correct annual fee or payment deadlines can lead to misunderstandings. Clearly state the amounts and due dates to avoid confusion.

5. Neglecting to Define Easements: Failing to describe necessary easements can limit access for maintenance. Be specific about the areas that require easements to ensure all parties understand their rights.

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 well and water distribution system. It ensures that all parties have access to water while detailing how costs and maintenance responsibilities are shared.

2. Who are the parties involved in the agreement?

   The agreement typically involves two parties: the "supplying party," who owns the well and property where it is located, and the "supplied party," who receives water from the well. Each party's property is referred to as Parcel 1 and Parcel 2, respectively.

3. What are the financial obligations outlined in the agreement?

   The supplied party must pay an annual fee for the use of the well and water distribution system. Additionally, both parties share costs for maintenance, repairs, and energy used for pumping water. Payments for energy costs are due monthly, and failure to pay can result in termination of water supply.

4. How are maintenance and repair costs handled?

   Both parties agree to share maintenance and repair costs equally. If repairs are needed, consent must be obtained from both parties before incurring expenses, except in emergencies. Each party is responsible for maintaining the water pipes serving their respective properties.

5. What happens if the well becomes contaminated?

   If the well becomes contaminated or no longer supplies adequate water, the rights and obligations of the parties under the agreement will cease. In such cases, the parties may need to connect to an alternative water source, and a reasonable time will be allowed for this transition.

6. Can landscaping or improvements be made on the properties?

   Yes, but any landscaping or improvements cannot impair the use of the easements granted for the well and water distribution system. It’s important to consider the shared nature of the well when planning any changes to the property.

7. How can the agreement be terminated?

   The agreement can be terminated by filing a written statement of termination at the appropriate county office. Once terminated, the owner of the affected parcel must disconnect from the well system and will no longer have rights to use the well.

Understanding the Shared Well Agreement form is crucial for all parties involved. However, several misconceptions often arise regarding its purpose and implications. Here are four common misunderstandings:

• Misconception 1: The Shared Well Agreement is optional.

This agreement is not merely a suggestion; it is essential for outlining the rights and responsibilities of each party. Without it, disputes may arise regarding water usage and maintenance costs.

• Misconception 2: All parties have equal access to unlimited water.

While the agreement allows shared access, it specifies that water use is for domestic purposes only. Additionally, it prohibits drawing water for activities like filling swimming pools.

• Misconception 3: The supplying party bears all maintenance costs.

In reality, both parties share the costs of operation and maintenance. Each party is responsible for half of any necessary repairs or replacements, ensuring fairness in financial obligations.

• Misconception 4: Termination of the agreement is simple.

Ending participation in the Shared Well Agreement requires formal steps. A written statement must be executed and filed with the appropriate county office, making it a structured process rather than a casual decision.