This agreement is reached when the property is sold with a common well to a new owner. The process of signing the agreement will not take much time. At Smith Neufeld Jodoin LLP, we have experience in rural real estate transactions with wells and other themes common to rural real estate. Outside of Winnipeg-based businesses, we are the largest law firm in southeastern Manitoba. After the agreement has identified the parties, properties 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. Informal agreements can sometimes create problems when an owner decides to sell or when a buyer makes requests before entering the offer to purchase. Sometimes neighbouring owners do not want to participate in the cost of entering into and registering a new agreement, especially when things have gone well for them and they do not see the need. It can be difficult for a new buyer to imagine a neighbour asking to enter into a well agreement and hope that a buyer`s costs would be shared.
To get an example of US Legal Forms, users must first log into an account. If you`re already registered on our platform, log in and select the document you need and buy it. Right after purchasing the forms, users can see them in the “My Forms” section. If there are large disputes between neighbours over their common well, the owner, who does not have a well on his property and is not allowed to turn around, has few options. And without water, decisions must be made quickly. One possibility could be to drill a new well if government authorities and conditions permit. This cost could be in the thousands of dollars. Litigation is sometimes an alternative, but the cost could easily exceed the possibility of drilling a private well, there is always a risk of losing in litigation (in the absence of a good agreement) and the stress and time associated with court proceedings should be taken into account. One of the characteristics of some (typically rural) neighbourhoods is the common well. 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. A registered fountain agreement should ideally include a reference to the location of the well (including whether it is at a boundary or at the exact position on a person`s land). It is important to specify access properties to other properties, including for the maintenance required for water pipes. If the well. B is used in common by several features of a series, properties that are further away from the well must be recorded for the additional properties of their water pipe. The agreement should indicate which owner receives the electricity bill and how the costs are distributed, including when and how payments are made.
It should indicate who can decide when maintenance and repair may be required and how maintenance and repair costs are allocated.