Fill in a Valid Shared Well Agreement Form

How to Fill Out Shared Well Agreement

Completing the Shared Well Agreement form is an important step for those involved in sharing a well water system. This document outlines the rights and responsibilities of both parties regarding the use of the well and the associated costs. Follow the steps below to fill out the form accurately.

1. Begin by entering the date at the top of the form where it states "this ____ day of __________." Fill in the day and month.
2. Next, write the name of the supplying party in the designated space. Then, provide their complete address, including street address, city, county, state, and zip code.
3. Repeat the process for the supplied party by filling in their name and complete address in the respective sections.
4. Locate the section labeled "Parcel 1." Here, write the address of the property owned by the supplying party. Include the legal description of the property as required.
5. For "Parcel 2," fill in the address and legal description of the property owned by the supplied party.
6. In the next section, confirm the intention of both parties to share the well system. This part does not require any input but is important for context.
7. Proceed to the terms and conditions section. Read through each point carefully to understand the agreements being made. No input is required here, but it’s essential to be aware of your obligations.
8. When you reach the section regarding the annual fee, fill in the amount to be paid each year, as well as the amount for the current year, if applicable.
9. Continue through the document, noting any specific responsibilities regarding maintenance and costs. Fill in any required details, such as payment deadlines or specific easements, as needed.
10. Lastly, both parties should sign and date the agreement at the end of the document. Make sure to have the acknowledgment before a notary public, as this may be required for the agreement to be legally binding.

Once the form is completed, both parties should keep a signed copy for their records. This agreement will help ensure a smooth and cooperative relationship regarding the shared well water system.

Misconception 1: The Shared Well Agreement is only for new properties.

This is not true. The agreement can be utilized by existing properties as well. It provides a structured way for property owners to share water resources and outlines responsibilities regardless of when the properties were established.

Misconception 2: The agreement guarantees unlimited water access.

While the agreement allows for shared access to the well, it does not provide unlimited water. Each party is entitled to draw water for domestic use, but there are restrictions on usage, such as filling swimming pools. This ensures that all parties have sufficient water for their needs.

Misconception 3: Only the supplying party is responsible for maintenance costs.

This is a common misunderstanding. Both the supplying and supplied parties share the costs of maintenance and operation of the water distribution system. Each party is responsible for paying half of any necessary repairs or operational expenses.

Misconception 4: The agreement can be easily terminated without consequences.

Termination of the agreement requires a formal process. A written statement of termination must be filed with the appropriate county office. Until this process is completed, all parties remain bound by the terms of the agreement.

Misconception 5: The agreement does not require any legal oversight.

While the agreement can be created between parties, it is advisable to have it reviewed by a legal professional. This ensures that all terms are clear and enforceable, protecting the interests of both parties involved.

Here are key takeaways for filling out and using the Shared Well Agreement form:

• Ensure all parties' names and addresses are accurately filled in at the beginning of the document.
• Provide clear legal descriptions of both Parcel 1 and Parcel 2 to avoid confusion regarding property boundaries.
• Specify the annual fee for water usage and payment deadlines to maintain transparency and accountability.
• Outline the responsibilities for maintenance and repair costs, ensuring that both parties understand their obligations.
• Include a section on easements to allow necessary access for maintenance and repairs, protecting the rights of all parties involved.
• Clarify the process for addressing emergencies, allowing prompt action to prevent water supply issues.
• Understand that termination of the agreement requires a written statement filed with the appropriate county office, ensuring proper documentation.

Filling out the Shared Well Agreement form can be straightforward, but many people make common mistakes that can lead to confusion or disputes later on. One frequent error is failing to provide complete and accurate addresses for both the supplying party and the supplied party. When these details are incomplete or incorrect, it can create issues in identifying the properties involved. Always double-check the street address, city, county, state, and zip code for both parties to ensure clarity.

Another mistake often seen is neglecting to include the legal descriptions of the properties. This section is crucial because it precisely defines the parcels involved in the agreement. Omitting this information can lead to misunderstandings about which properties are covered under the agreement. It’s essential to fill out the legal description accurately, as it serves as the backbone of the document.

People also frequently overlook the section regarding the payment terms. Specifically, they might forget to fill in the amounts for the annual fee or the energy costs. This oversight can result in disputes over payments later on. Clearly stating these amounts helps both parties understand their financial responsibilities and ensures that there are no surprises down the line.

Lastly, individuals often forget to specify the easements necessary for the well and water distribution system. This can lead to complications if one party wants to make changes to their property that might interfere with the easement. Clearly describing any easements in the designated section of the form is vital for maintaining harmony between neighbors and ensuring that both parties can access the well system as needed.