How do you write a shared well contract?
Your shared well agreement needs to include the following elements:
- Names and details of the parties.
- Term of the agreement.
- Cost-sharing.
- Easements.
- Maintenance and repair responsibilities.
- Prohibited practices.
- Continuity of service.
- Restrictions.
What is a well agreement?
A Shared Well Agreement is a contract regarding the drilling, maintenance, and use of a well. As a contract, the Agreement’s core provisions must properly identify the parties, properties, well and water distribution system, maintenance liabilities, easements, and registered water rights, if any.
Do I have to share my well?
A legal agreement is essential to protect your access to the water supply of a shared well and to spell out the costs and responsibilities involved in maintaining the system. Many states and real estate transactions require a shared well agreement as part of the approval process.
What does shared well mean?
By definition, a shared well is a well that services more than one home whether its for residential or irrigation purposes. They can service up to two or more homes, and if there were more than four, then it would be classified as a community well.
What is a well easement?
An easement would give you, and any subsequent buyers, the right to have your well on the neighbor’s property and to access the property in order to maintain the well. An easement can be created without the need to involve surveyors and the county.
What is property easement?
An easement is a real estate ownership right (an “encumbrance on the title”) granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. Easement owners have a legal right to maintain the easement and have a legal right of access across the easement.
How do well agreements work?
A well share agreement (WSA) is a legal contract between two or more parties; therefore, it must be properly signed, notarized and recorded in the county where the well is located. It must be kept current, all provisions in it should be followed, and the well and all supporting equipment properly maintained.
Can I share a well with a neighbor?
Well sharing agreements are more common than you might expect! These types of agreements allow neighbors to share a well along with the costs for electricity and maintenance.
What are the disadvantages of a shared well?
The Cons of A Shared Well Any time we share a resource we are limiting the Control of the resource. Additionally, each well has a maximum flow of water it can yield, and if the flow rate may not be high enough to meet all the parties’ intended uses such as domestic water use as well as irrigation.
Does an easement have to be on writing?
An express easement is created by a deed or by a will. Thus, it must be in writing. An express easement can also be created when the owner of a certain piece of property conveys the land to another, but saves or reserves an easement in it.
Is your property subject to an easement?
An easement is a grant of a right to use all or a portion of the real property of another. For example, your property may be subject to easements for water lines, sewer lines, electric lines, gas lines, or you may have an easement to use someone else’s driveway.
What does “easement” on my property mean?
An easement is a legal right to use another’s land for a specific limited purpose. In other words, when someone is granted an easement, he is granted the legal right to use the property, but the legal title to the land itself remains with the owner of the land.
The WELL Member Agreement. This document is an agreement between The WELL and its members. It concerns the legal framework in which you participate on The WELL, what your rights and responsibilities are and what you can expect from The WELL. The WELL is not the publisher or author of any works posted by its members.