often, especially in more rural areas, it’s not uncommon for several neighbors to share a single well and water supply system. if there is no shared water well agreement in place, have one drawn up. ask your water well professional to conduct a pump/flow test. have the well tested for lead, nitrate, nitrites, and bacteria. yield must be demonstrated by a certified pumping test • must show proof of safe and potable drinking water, such as a letter from the local health authorities, or another certified agency reporting the results of a water test a legal agreement is required in order to receive an fha mortgage loan.
hud sets standards for shared well agreements and in many states, the state’s health department may also have legal requirements as part of the well approval process. • provide a clause for binding arbitration for any major disputes regarding the system or the terms of the sharing agreement for rural homeowners the benefits of a shared well can include lower operating costs and access to plenty of clean high-quality drinking water. with cooperation and shared responsibilities, owning a home with a shared well can be beneficial. pesticides can enter your well water and contaminate drinking water. learn how to evaluate a well water testing laboratory.
[3] the property was conveyed to a purchaser who, based on representations of the seller, believed that the well subject to the shared well agreement would be sufficient to provide water to both the house and their irrigation system. a shared well agreement is a contract regarding the drilling, maintenance, and use of a well. the water users should be jointly liable for allowable well use and maintenance. usually each property owner is responsible for pipes serving their own dwellings and must share the costs of repairs to common equipment such as water mains, pumps, or a well house.
it is best for the parties to consider how costs will be apportioned if the use of the well is expanded in the future. a well-written agreement includes provisions governing conveyance of an ownership interest in the well to a buyer of the real property served by the well. one option available to the parties of a shared well agreement is to sue to enforce the agreement. it should give the parties a clear understanding of their water and easement rights to the well and their obligations under the agreement. [17] through good drafting, parties contemplating a shared well agreement can avoid many common problems.
below is a sample shared well agreement, based on the u.s. department of housing and urban development. (hud) model, from the u.s. department of agriculture now therefore, in consideration of the promises and covenants herein contained, it is agreed that the well and water distribution system situated on. shall be. the shared water well agreement a legal agreement is required in order to receive an fha mortgage loan. this agreement is essential to protect, shared well without agreement, shared well without agreement.
each party hereto covenants and agrees that they shall equally share the maintenance and operational costs of the well and water system herein described. water private water supply well – two party users agreement both parties herein agree to share equally in the cost incurred in well site approval, well. shared well agreements may provide a reduction to property line setback requirements as stated in the arizona aquifer protection permit rule, r18-9-a312c. all, .
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