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This agreement is a legal document between two parties regarding the supply of water to the well and the sharing of supply costs. The supplier part shares the water from the well with the delivered part and all costs of fixing the supply system are distributed among the parties. The agreement can be used in any U.S. state. Competent written agreements can also be controversial. Some of these controversies arise because reasonable minds are not related to the best way to approach a problem, as if the well pump breaks and there is more than one way to repair it or repair options vary in their cost and efficiency. However, other disputes can only arise from good users who are not willing to comply with the terms of the contract, regardless of its provisions. In both cases, the parties should define a procedure for resolving disputes and implementing the terms of an agreement where necessary. Shared agreements with neighbours are complex and potentially chaotic relationships.

In Humphries v. Becker, the parties have reached a shared wave agreement, but not properly identified the well. [3] The property was transferred to a buyer who, on the basis of the seller`s representations, considered that the well subject to the “Shared Well” agreement would be sufficient to supply the house and its irrigation system with water. [4] In reality, the well used for the irrigation system was on adjacent land of a farmer and was used only with his permission. [5] The farmer stopped the consumption of irrigation water when a conflict broke out between the buyer and the farmer. The buyer then sued the seller for misrepresentation. [6] The fact that the original parties did not sufficiently identify the well in the Shared Well agreement led the seller to pay for costly litigation that could have been avoided. The buyer at Koelker was able to reassure his interest in his well, but this was only by default judgment.

If the buyer had not done so, he might have been forced to share his well with third parties. The easiest way to avoid the problem in Koelker is for the parties to register the agreement at the district registry office in the county where the well is located. Wenn sich Dienstverbindungen au-erhalb dieses Landkreiss befinden, sollte die Vereinbarung auch im anderen Landkreis erfasst werden. As with any document that governs the property interests that run with the land, the amendments should also be written and recorded. [16] After identifying the parts, characteristics and purpose of the agreement, it must indicate who is responsible for the costs of installing, operating and maintaining the well. Water users should be jointly responsible for the authorized use and maintenance of wells. Taking the time to specify how the parties will allocate the costs of maintaining, repairing, upgrading and replacing well equipment, including the date of payment of these costs, can help avoid disputes between the parties and subsequent owners. The termination of a well-sharing contract should not terminate the debts or obligations incurred by a party on the date or date of termination. As a general rule, the resilient party pays for the cost of separating its water from the common system, as well as any damage it may cause to another person`s property or water distribution system. Finally, changes in the percentage of shared liability of the remaining parties should be adjusted by a provision inserted at the conclusion of the contract when a party withdraws from the agreement.