Shared Well Water Agreement Form

Neighbours who share access to the well are generally expected to share equal costs of maintenance, repair and contribution to electricity costs. Once water reaches each property, owners are often responsible for their own individual water treatment and pressure systems for each property. A common well is usually a well on land, as well as a submersible pump (unless the well is a fluid artesian well). One of the features (usually the one in which the well is located, but not always) is charged for the electricity to operate that pump in the well. It is usually the responsibility of the landowner who has the well to maintain the pump. Unregistered agreements undermine applicability, as successors are unlikely to be aware of the common well agreement. This was the case at Koelker v. Turnbull. At Koelker, the seller imposed a guarantee obligation on the purchaser, but did not disclose the existence of a third-party interest in the property under an unregant shared Well agreement. [12] When third parties attempted to exercise their water interest in the buyer`s well, the buyer sued the tacit ownership and the seller`s violation of an explicit guarantee of right. [13] The buyer obtained a default judgment against the third parties and the seller. [14] The seller appealed and the court found that the seller had violated the express guarantee of the right and that the amount of damages suffered by the buyer was his legal fees. [15] Summary: This article deals with the important and privileged provisions of the shared Swiss agreements that govern drinking water services for less than 15 service lines[1] or 25 people or less.

[2] These contracts include provisions relating to the transportation, maintenance, use and execution of real estate, which should be applicable to the country with the land served. Special termination provisions guarantee ongoing services even in the event of termination of certain services and usage obligations. 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] A well agreement should clearly determine who pays who for regular expenses. Methods vary depending on the number of people who own the well and the shape of the agreement. Some people are comfortable paying a single well owner directly. Sophisticated agreements often establish a trust fund with a local bank, from which designated parties can withdraw money. The designated party may charge these funds by regular returns to the other parties.