Often, especially in more rural areas, it is not uncommon for several neighbors to share a single well and a single water supply system. While this can be a convenient way to preserve your water, sharing a well and managing a common system requires care and cooperation between all parties involved. Shared well agreements with neighbors are complex and potentially chaotic relationships. However, in Humphries v. Becker, the parties entered into a well sharing agreement and did not properly identify the well. [3] The property was transferred to a buyer who, based on the seller`s submissions, believed that the well, which is subject to the shared well agreement, would be sufficient to provide water to the house and its irrigation system. [4] In reality, the well operating the irrigation system was located on a farmer`s adjacent property and was only used with his permission. [5] The farmer interrupted irrigation water consumption when a conflict arose between the buyer and the farmer. As a result, the buyer sued the seller for misrepresentation. [6] The fact that the original parties did not correctly identify the well in the shared well agreement resulted in the cost of costly litigation that could have been avoided. The agreement should specify how maintenance, repair and construction costs should be shared among well users. They should include cost-sharing provisions for the construction and maintenance of all elements of the infrastructure, including: Second, the cost of maintaining the well often becomes a point of contention. Many wells operated under a well-sharing agreement were drilled many years ago and have fallen into disrepair.

The cost of rebuilding a defective well or drilling a new well can be significant. In addition, wells built in the past often do not meet modern well construction standards. We discussed issues related to well construction in a free webinar available here. If the agreement does not clearly specify the cost allocations, the parties often disagree on who should pay for the repairs. Koelker`s buyer was able to close its stake in its well, but this only happened through a default judgment. If the buyer had not done so, he might have been obliged to share his property with third parties. The easiest way to avoid the problem in Koelker is for the parties to register the agreement in the district clerk`s office of the county where the well is located. If the service connections are located outside of that county, the agreement must also be registered in the other county. As with any document that regulates the property interests that run with the land, changes must also be written and recorded. [16] A well-written shared well agreement is like any other contract. It should provide the parties with a clear understanding of their water and servitude rights on the well and their obligations under the agreement.

Ideally, the agreement avoids misunderstandings between the parties by lacking ambiguities regarding the definitions, use, maintenance and repair of the well. If the parties register the agreement, future disputes can be avoided. [17] With the right wording, parties considering a shared well agreement can avoid many common problems. • must have a valve on each apartment line when it leaves the well Easements are use permits that are sometimes regulated by separate easement agreements. • Provide a binding arbitration clause for any major dispute relating to the system or the terms of the sharing agreement Finally, review and document the current capacity of the well. Ask your water well professional to perform a pump/flow test. According to federal mortgage insurance guidelines, common wells must meet minimum throughput standards. Have them tested well for lead, nitrate, nitrites and bacteria. This water quality test is also required according to federal mortgage insurance guidelines. Be sure to do a strict inspection of the well. Research the history of the well, including the date it was drilled, all maintenance records, and the results of all well tests performed.

Visual inspection of the location of the well, distance from potential sources of pollution (especially in agricultural areas), soil type and underground conditions. If the well is not on your property, check that the owner in which it is located is not using land use practices that could harm the well or affect water quality. Each party should agree not to build anything that could cause contamination within 100 feet of the well. This can include the following: The agreement you sign with your neighbors must ensure that the system meets these standards. The agreement should clarify that the parties are not allowed to supply water to other parties without written permission. Most shared well agreements stipulate that costs are borne equally by all parties. Unregistered agreements undermine applicability, as it is unlikely that subsequent owners will be aware of the joint well agreement. This was the case in Koelker v. Turnbull. In Koelker, the seller issued a warranty deed to the buyer, but did not disclose the existence of a third-party interest in the property under an unregistered well-sharing agreement. [12] When the third parties attempted to exercise their right to water in the buyer`s well, the buyer filed a lawsuit for silent ownership and breach of an express guarantee of ownership by the seller.

[13] The buyer obtained a default judgment against the third parties and the seller. [14] The seller appealed and the court ruled that the seller had breached the express legal warranty and that the buyer`s compensation was his attorney`s fees. [15] In principle, these agreements are a combination of easements and agreements. Easements allow the landowner, called the dominant property, to use an adjacent property called a servile estate. Another type of easement, called a gross easement, does not have a dominant estate, such as utility easements. The easement elements of these types of agreements generally allow access to the well, maintenance and repairs. To avoid confusion, the parties should clearly state their purpose for a shared well agreement, which is usually the transfer of a property right in the water. The parties should determine whether their use will be continuous, periodic or seasonal.

In addition, the provisions of the Agreement should specify whether the intended use is exclusively domestic or whether it includes agricultural or commercial uses. Clearly stating the purpose of the well contract can avoid problems between the current parties and all subsequent owners of land subject to the agreement. There are some specific legal requirements for a common well agreement, as well as a few simple precautions you should take before buying a home with a shared well. • Prohibit any user from locating or installing a septic tank within 50 feet of the shared well You must also stipulate that the parties to the agreement may not connect other water or waste systems to the shared water supply without the written permission of the local health authority. For rural homeowners, the benefits of a shared well can include reduced operating costs and access to plenty of clean, high-quality drinking water. If done right, lenders will grant mortgages on properties that share a well. It is important to have a strong agreement between all parties to ensure conflict-free operation and to establish legal responsibilities for each member budget. In addition to maintenance and repair costs, private well owners are responsible for ensuring that the water is safe to drink. The Idaho Department of Environmental Quality recommends that well owners test their drinking water at least once a year to make sure it`s safe to drink. Three of the most common contaminants in Idaho are nitrate, total coliforms and arsenic.

[10] In order to test their water, the parties may themselves take water samples and have them analyzed by a laboratory or have an environmental consultant take a sample for them. Inclusion of these water quality and testing frequency assessment requirements in the agreement. If you use the above guidelines, you should be able to design a common well agreement that will ensure that you and your neighbors are satisfied. .