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The Shared Well Agreement form is a crucial document for property owners who wish to collaboratively utilize a single well for their water needs. This agreement outlines the rights and responsibilities of both the supplying party, who owns the well, and the supplied party, who benefits from the water supply. It establishes the legal framework for sharing water from the well located on the supplying party's property, ensuring that both parties have access to an adequate water supply for domestic use. The form includes provisions for annual fees, cost-sharing for maintenance and repairs, and the responsibilities of each party regarding the upkeep of their respective water pipes. Additionally, it addresses emergency situations, easements for necessary access, and the conditions under which the agreement may be terminated. Importantly, it also ensures that only designated properties can draw water from the well, preventing unauthorized use. By formalizing these terms, the Shared Well Agreement provides clarity and security for both parties, fostering a cooperative relationship that can benefit current and future property owners.

Similar forms

  • Joint Water Use Agreement: This document outlines the rights and responsibilities of multiple parties sharing a water source. Similar to the Shared Well Agreement, it specifies how water will be accessed and how costs will be divided among users.
  • Water Supply Agreement: This type of agreement focuses on the provision of water services to a property. Like the Shared Well Agreement, it details the obligations of the water supplier and the recipient, including payment terms and maintenance responsibilities.
  • Well Sharing Agreement: This document is specifically designed for parties sharing a well. It includes provisions for water usage, maintenance, and cost-sharing, mirroring the structure and intent of the Shared Well Agreement.
  • NYC Buildings MC-1 form: This form serves as a structured proposal for amendments to the New York City Electrical Code, closely relating to the 2008 National Electrical Code (NEC). It requires detailed input on proposed changes and their impact, similar to the Shared Well Agreement. For further resources, you can refer to NY PDF Forms.
  • Maintenance Agreement: A maintenance agreement outlines the upkeep responsibilities for shared facilities. It is similar in that it defines how costs and duties are shared, ensuring that all parties contribute to the care of the shared resource.
  • Easement Agreement: This document grants rights to use a portion of another's property for specific purposes. Like the Shared Well Agreement, it includes terms for access and responsibilities related to shared infrastructure, such as water pipes.
  • Co-Ownership Agreement: This agreement governs the rights and obligations of co-owners of property. It shares similarities with the Shared Well Agreement in that it clarifies how shared resources are used and how costs are managed among co-owners.

Form Properties

Fact Name Description
Purpose The Shared Well Agreement outlines the rights and responsibilities of parties sharing a well for water supply.
Parties Involved It involves two main parties: the supplying party and the supplied party, each owning a parcel of land.
Parcel Descriptions Each party's property is referred to as Parcel 1 and Parcel 2, with specific legal descriptions included.
Water Quality The water from the well must pass a quality analysis by the state health authority, ensuring it is safe for consumption.
Annual Fees The supplied party is required to pay an annual fee for the use of the well, due by January 15 each year.
Shared Expenses Both parties share the costs of operation and maintenance of the well and water distribution system equally.
Easements Each party grants easements for necessary construction and maintenance of the well and water pipes across their properties.
Termination Conditions The agreement can be terminated if the well becomes contaminated or if an alternative water source becomes available.
Dispute Resolution Any disputes arising from the agreement must be resolved through binding arbitration, following the rules of the American Arbitration Association.
Governing Law The Shared Well Agreement is governed by state-specific laws, which may vary by jurisdiction.

How to Use Shared Well Agreement

After gathering the necessary information, you are ready to fill out the Shared Well Agreement form. This document outlines the rights and responsibilities of the parties involved regarding the use of a shared well system. Follow these steps to ensure you complete the form accurately.

  1. Write the date at the top of the form in the blank space provided.
  2. In the first blank, enter the name of the supplying party.
  3. Fill in the supplying party's address, including street address, city, county, state, and zip code.
  4. In the next blank, enter the name of the supplied party.
  5. Fill in the supplied party's address, including street address, city, county, state, and zip code.
  6. For Parcel 1, enter the address of the supplying party's property, including street address, city, county, state, and zip code.
  7. Provide the legal description of Parcel 1 in the designated area.
  8. For Parcel 2, enter the address of the supplied party's property, including street address, city, county, state, and zip code.
  9. Provide the legal description of Parcel 2 in the designated area.
  10. Fill in the annual fee amount for using the well and water distribution system.
  11. Specify the amount to be paid for the current year, due upon signing the agreement.
  12. Outline the easements necessary for the construction and maintenance of the well and water distribution system.
  13. Indicate the due date for the energy cost payment each month.
  14. Fill in the number of days after which the supplying party may terminate water supply if payment is overdue.
  15. Sign and date the agreement at the bottom.
  16. Ensure that all parties involved acknowledge the agreement before a notary public, as required.

Key takeaways

  • Clearly identify the parties involved. Each party must provide their full name and address. This ensures that all parties are aware of their rights and responsibilities.

  • Detail the properties served by the well. Specify the legal descriptions of both Parcel 1 and Parcel 2. This helps to clarify which properties are included in the agreement.

  • Outline the rights to water usage. The agreement should state that both parties can draw water for domestic use, while explicitly prohibiting the filling of swimming pools. This prevents misunderstandings about water usage.

  • Establish financial obligations. Each party must agree to pay an annual fee and share maintenance costs. This ensures that all parties contribute fairly to the upkeep of the well and distribution system.

  • Define emergency procedures. The agreement should specify how to handle emergencies, allowing access to the well system when necessary. This provides clarity during urgent situations.

  • Include terms for termination. Clearly state how parties can exit the agreement and the responsibilities that follow. This protects the interests of all parties involved.

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Documents used along the form

A Shared Well Agreement is a crucial document for property owners who share a well system. However, several other forms and documents are often used in conjunction with this agreement to ensure clarity and legal compliance. Below is a list of these documents, each briefly described for your understanding.

  • Water Quality Test Results: This document provides evidence that the water from the well meets safety standards for human consumption. It is typically issued by a state health authority and may be required before the Shared Well Agreement is finalized.
  • Gift Deed Form: For those looking to transfer property without financial exchange, our simple Gift Deed form guide provides the necessary framework for a clear and binding agreement.
  • Property Deed: The property deed outlines the legal ownership of the parcels involved in the agreement. It serves as proof of ownership and may include descriptions of the properties that are relevant to the well's location and usage rights.
  • Easement Agreement: This document grants the necessary access rights for maintenance and operation of the well and water distribution system. It clarifies the specific areas where easements are granted and the responsibilities of each party regarding access.
  • Maintenance Agreement: This agreement outlines the specific responsibilities for maintaining the well and water distribution system. It details who is responsible for repairs, maintenance schedules, and how costs will be shared among the parties.
  • Cost-Sharing Agreement: This document specifies how costs related to the well's operation, maintenance, and repairs will be divided among the parties. It ensures that all parties are aware of their financial obligations and helps prevent disputes over expenses.
  • Termination Notice: This form is used when a party wishes to withdraw from the Shared Well Agreement. It outlines the process for termination and the responsibilities of the departing party regarding disconnection from the well system.
  • Arbitration Agreement: This document sets forth the procedures for resolving disputes related to the Shared Well Agreement. It specifies how arbitration will be conducted and may include details on selecting arbitrators.

Understanding these documents can help property owners navigate the complexities of shared water systems. Each plays a vital role in protecting the rights and responsibilities of all parties involved, ensuring that the shared well operates smoothly and efficiently.

Discover More on This Form

What is a Shared Well Agreement?

A Shared Well Agreement is a legal document that outlines the rights and responsibilities of two or more property owners who share a well and water distribution system. It establishes how water will be accessed, the costs associated with maintenance, and the obligations of each party involved.

Who are the parties involved in the agreement?

The agreement involves two primary parties: the "supplying party," who owns the well and the associated property, and the "supplied party," who benefits from the water supply. Each party must provide their respective addresses and legal descriptions of their properties.

What are the main terms of the agreement?

The agreement includes several key terms, such as:

  1. The right to draw water from the well for domestic use.
  2. Payment of an annual fee for water usage.
  3. Sharing of maintenance and operational costs.
  4. Responsibilities for repairs and maintenance of water pipes.

How are costs determined and shared?

Costs are divided equally between the supplying party and the supplied party. This includes annual fees for using the well and shared expenses for maintenance and repairs. Each party must pay their proportionate share promptly.

What happens if one party wants to terminate the agreement?

To terminate the agreement, the party wishing to withdraw must file a written statement of termination with the appropriate county office. Once terminated, that party loses the right to use the well and must disconnect their water line at their own expense.

Are there restrictions on water usage?

Yes, the agreement specifies that water drawn from the well is for domestic use only. It explicitly prohibits using the water for filling swimming pools or allowing others, except household guests, to access the water supply.

What if the well becomes contaminated?

If the well becomes contaminated or inadequate for the needs of the parties, the agreement will terminate. The parties may then seek alternative water sources, with a reasonable time allowed to make necessary connections.

What are the easements mentioned in the agreement?

Easements are rights granted to each party to access the other’s property for maintenance and operation of the well and water distribution system. These easements must be described in the agreement and should not be obstructed by landscaping or other improvements.

How are disputes resolved under the agreement?

Disputes arising from the agreement must be resolved through binding arbitration. Each party selects an arbitrator, and those arbitrators choose a third to resolve the issue. The arbitration process follows the rules set by the American Arbitration Association.

Is the agreement permanent?

The agreement is generally perpetual, meaning it remains in effect until terminated by the parties as outlined. This ensures that the rights and responsibilities continue for future owners and occupants of the properties involved.