Blank Shared Well Agreement Form

The Shared Well Agreement is a legal document that outlines the terms under which two or more property owners can share a well and its water distribution system. This agreement ensures that all parties understand their rights and responsibilities regarding water usage, maintenance, and costs associated with the well. If you need to fill out this important form, click the button below.

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The Shared Well Agreement form is a crucial document for property owners who wish to collaborate on the use of a common water source. 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. Key aspects include the legal descriptions of the properties involved, the stipulation that water from the well is intended solely for domestic use, and the establishment of an annual fee for access to the water supply. Additionally, it addresses the sharing of maintenance costs and the division of expenses related to the operation of the water distribution system. Provisions for emergency access, the management of easements, and the termination of rights in the event of contamination or alternative water sources are also included. By formalizing these terms, the Shared Well Agreement ensures that all parties have a clear understanding of their obligations, promoting a cooperative relationship that benefits current and future property owners.

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Your Questions, Answered

What is a Shared Well Agreement?

A Shared Well Agreement is a legal document that outlines the terms and conditions for sharing a well and its water distribution system between two or more parties. It specifies the rights and responsibilities of each party regarding the use of the well, payment for maintenance, and costs associated with the water supply. This agreement helps ensure that all parties have access to a reliable water source while also addressing issues like maintenance and expenses.

Who are the parties involved in a Shared Well Agreement?

In a Shared Well Agreement, there are typically two main parties: the supplying party and the supplied party. The supplying party owns the property where the well is located, while the supplied party owns a neighboring property that will receive water from the well. Both parties must agree to the terms of the agreement to ensure a smooth operation of the shared water system.

What are the financial responsibilities outlined in the agreement?

The agreement includes several financial responsibilities for the supplied party. These typically include:

Paying an annual fee for the use of the well and water distribution system.
Sharing the costs of maintenance and operation, such as electricity for pumping and repairs.
Contributing to any costs for removing or replacing improvements on their property that may be necessary for the well's operation.

These shared expenses are usually split evenly between the parties unless otherwise stated in the agreement.

What happens if the well becomes contaminated or no longer provides adequate water?

If the well becomes contaminated or is no longer able to supply enough water for the needs of the parties, the Shared Well Agreement may be terminated. In such cases, the rights and obligations of the parties will cease, and they will need to find an alternative water source. The agreement also allows for a reasonable time to make the necessary connections to this new source.

Similar forms

Joint Use Agreement: Similar to a Shared Well Agreement, this document outlines the terms under which two or more parties can share a resource, such as land or equipment, specifying responsibilities and usage rights.
Hold Harmless Agreement: A crucial document that protects parties from liability, particularly in contracts and rental agreements, essential for navigating legal risks effectively, as detailed by California Documents Online.
Water Rights Agreement: This agreement defines the rights of individuals or entities to use water from a specific source, including the conditions under which water can be drawn and shared.
Easement Agreement: This document grants one party the right to use a portion of another party's property for a specific purpose, like accessing a well, similar to the easements included in the Shared Well Agreement.
Maintenance Agreement: This outlines the responsibilities of each party for maintaining shared facilities or systems, ensuring that all parties contribute to upkeep, much like the maintenance terms in the Shared Well Agreement.
Access Agreement: This document specifies the terms under which one party can access another's property, often for maintenance or repairs, akin to the access rights in the Shared Well Agreement.
Utility Sharing Agreement: This outlines how two or more parties will share utility services, including cost-sharing arrangements, similar to how water costs are shared in the Shared Well Agreement.
Property Management Agreement: This document governs the management of shared property, detailing the roles and responsibilities of each party, much like the collaborative management of the water system in the Shared Well Agreement.

Documents used along the form

The Shared Well Agreement form serves as a foundational document for parties sharing a well system. However, several other forms and documents are commonly utilized in conjunction with this agreement to ensure clarity and compliance among the involved parties. Below is a list of these documents, each accompanied by a brief description.

Property Deed: This document establishes ownership of the properties involved in the Shared Well Agreement. It includes legal descriptions and is essential for verifying the rights of the parties to the land where the well is located.
Water Quality Test Results: A report from a certified laboratory that confirms the water from the well meets safety standards for human consumption. This document is crucial for assuring all parties of the water's safety.
Transfer-on-Death Deed: This legal document allows property owners to transfer their real estate to beneficiaries upon their death, avoiding the probate process. For more information, visit todform.com.
Easement Agreement: This document outlines the rights of each party to access the well and associated infrastructure. It defines the specific areas where easements apply, ensuring that maintenance and repairs can be conducted without hindrance.
Maintenance Agreement: This document details the responsibilities of each party regarding the upkeep of the well and water distribution system. It specifies how costs will be shared and the procedures for addressing repairs.
Termination Notice: A formal document used to communicate the intent to withdraw from the Shared Well Agreement. It must be filed with the appropriate local authority to officially terminate participation in the agreement.
Annual Fee Invoice: A document issued by the supplying party to the supplied party, detailing the annual fee for using the well. This invoice serves as a reminder of payment obligations under the agreement.
Arbitration Agreement: This document outlines the process for resolving disputes that may arise under the Shared Well Agreement. It specifies the method of arbitration and the selection of arbitrators, ensuring a clear path for conflict resolution.

In summary, these documents collectively support the Shared Well Agreement by providing essential information, clarifying responsibilities, and outlining procedures for maintenance and dispute resolution. Together, they facilitate a harmonious relationship between the parties involved in sharing a well system.

Key takeaways

When filling out and using the Shared Well Agreement form, consider the following key takeaways:

Accurate Information: Ensure all names, addresses, and property descriptions are complete and correct to avoid future disputes.
Annual Fees: Be aware that the supplied party must pay an annual fee for the use of the well, with specific deadlines for payment.
Shared Costs: Understand that both parties are responsible for half of the costs related to the maintenance and operation of the water distribution system.
Emergency Access: Each party has the right to access the other’s property in case of an emergency related to the water system.
Prohibited Uses: Remember that drawing water for filling swimming pools is not allowed under this agreement.
Termination Procedures: Know the process for terminating participation in the agreement, which includes filing a written statement.
Contamination Clause: Be aware that if the well becomes contaminated, the agreement may be terminated.
Dispute Resolution: Understand that any disputes will be resolved through binding arbitration, requiring both parties to agree on an arbitrator.