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Shared Well Agreement - Usage Guidelines

Completing the Shared Well Agreement form is an essential step for parties looking to establish clear rights and responsibilities regarding shared water resources. Following these steps will ensure that all necessary information is accurately provided, paving the way for a smooth agreement process.

  1. Begin by entering the date at the top of the form where it says "this ____ day of __________."
  2. In the first blank, write the name of the supplying party. In the next blank, fill in their complete street address, including city, county, state, and zip code.
  3. Next, write the name of the supplied party in the designated space. Then, fill in their complete street address as well.
  4. Identify Parcel 1 by writing the street address of the supplying party's property. Include the city, county, state, and zip code.
  5. Provide the legal description of Parcel 1 in the space provided. Be thorough and precise.
  6. Now, identify Parcel 2 by writing the street address of the supplied party's property, including city, county, state, and zip code.
  7. Fill in the legal description of Parcel 2 in the designated area, ensuring accuracy.
  8. In the section outlining the agreement terms, review and check each clause carefully. Fill in the annual fee amount for the use of the well and water distribution system.
  9. Specify the amount to be paid this year upon execution of the agreement.
  10. Note any costs related to the operation and maintenance of the well and water distribution system, ensuring both parties understand their responsibilities.
  11. Fill in the date by which the monthly energy costs must be paid and the number of days after which water supply may be terminated for non-payment.
  12. Describe any easements necessary for the construction and maintenance of the well and water distribution system.
  13. Review all clauses regarding emergency situations, landscaping, and the right to access parcels for repairs.
  14. Finally, ensure both parties sign and date the form at the bottom. Include any necessary acknowledgment before a notary public.

After filling out the form, both parties should keep a copy for their records. It is advisable to review the agreement periodically and ensure that all obligations are met. This proactive approach will help maintain a positive and cooperative relationship regarding the shared well system.

Misconceptions

Misconceptions about the Shared Well Agreement form can lead to misunderstandings and complications for those involved. Here are six common misconceptions along with clarifications for each.

  1. Only the supplying party is responsible for maintenance.

    This is incorrect. Both the supplying party and the supplied party share the responsibility for maintenance costs. Each party must pay a proportionate share of any necessary expenses, ensuring that both parties are equally invested in the upkeep of the well and water distribution system.

  2. The agreement is temporary and can be easily terminated.

    In reality, the Shared Well Agreement is designed to be perpetual, unless specific termination conditions are met. A written statement of termination must be filed, and until that happens, both parties remain bound by the terms of the agreement.

  3. Water from the well can be used for any purpose, including filling pools.

    This is a misconception. The agreement explicitly states that the water drawn from the well is for domestic use only. Using the water for filling swimming pools is prohibited, which helps ensure adequate supply for essential needs.

  4. All parties must agree on every single maintenance decision.

    While consent is required for significant expenditures, the agreement allows for emergency situations where immediate action can be taken without prior approval. This provision ensures that the system remains functional even during unforeseen circumstances.

  5. The supplied party can use water from the well indefinitely.

    This is not accurate. The supplied party's rights to use the well are contingent upon fulfilling their obligations, such as timely payments. If payments are not made, the supplying party has the right to terminate water supply until the arrears are settled.

  6. The agreement does not require formal documentation for changes.

    This misconception can lead to complications. Any changes, including termination of participation, must be documented formally and filed with the appropriate county office. This ensures that all parties are aware of their rights and obligations.

Dos and Don'ts

When filling out the Shared Well Agreement form, it’s important to pay attention to detail. Here are some things you should and shouldn’t do:

  • Do read the entire agreement carefully before starting.
  • Do provide accurate information about your property and address.
  • Do clearly define the rights and obligations of each party involved.
  • Do ensure all parties sign and date the agreement.
  • Don’t leave any sections blank; fill in all required information.
  • Don’t use vague language; be specific about terms and conditions.
  • Don’t forget to include legal descriptions of the properties involved.
  • Don’t neglect to consult with a legal expert if you have questions.

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Common mistakes

When filling out the Shared Well Agreement form, individuals often make several common mistakes that can lead to misunderstandings or disputes later on. Being aware of these pitfalls can help ensure a smoother process and a more effective agreement.

One frequent error is the failure to provide complete and accurate property descriptions. Each parcel of land should have a detailed legal description, which is essential for identifying the properties involved. Omitting this information can create confusion regarding which properties are covered under the agreement. It is crucial to double-check that all addresses and legal descriptions are correctly entered.

Another mistake people often make is neglecting to specify the annual fee for the use of the well and water distribution system. This fee should be clearly stated, along with the payment schedule. If this information is left blank or inaccurately filled out, it can lead to disagreements about costs and payment responsibilities in the future.

Additionally, parties sometimes overlook the importance of defining emergency situations. While the agreement does mention emergencies, it is beneficial for parties to explicitly outline what constitutes an emergency and the procedures to follow. This clarity can prevent confusion and ensure that all parties know how to act in urgent situations.

Some individuals also fail to understand the implications of shared expenses. The agreement states that costs for maintenance and repairs will be split between the parties. However, if these responsibilities are not clearly communicated or understood, it can lead to disputes about who is responsible for what costs. Clear communication about financial obligations is essential for maintaining a harmonious relationship.

Finally, parties may forget to discuss the termination process of the agreement. It is vital to understand how one can withdraw from the agreement and what steps need to be taken. Without this understanding, individuals may find themselves in a situation where they feel trapped in the agreement or are unsure how to proceed if they wish to terminate their participation.

By being mindful of these common mistakes, individuals can approach the Shared Well Agreement form with greater confidence and clarity. Taking the time to ensure that all details are accurate and clearly defined will contribute to a more effective and cooperative arrangement for all parties involved.

Key takeaways

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

  • Accurate Information is Essential: Ensure that all names, addresses, and property descriptions are filled out correctly. Inaccurate details can lead to disputes or complications in the future.
  • Understand Financial Obligations: Both parties must be aware of their financial responsibilities, including annual fees and shared maintenance costs. Clear communication regarding these payments can prevent misunderstandings.
  • Emergency Protocols: Familiarize yourself with the emergency procedures outlined in the agreement. Each party has the right to access the property in case of a water delivery failure, ensuring that immediate action can be taken.
  • Termination Procedures: Know the conditions under which the agreement can be terminated. If a new water source becomes available or if the well becomes contaminated, the rights and obligations may cease. Understanding these terms can help in planning for the future.