Shared Well Agreement Easement
October 7, 2021
Termination of the well-sharing agreement should not terminate debts or obligations incurred by a party on or before the date of termination. The resigning party generally pays the cost of separating its water from the common system as well as any damage it may cause to the property of another system or to the water distribution system. When a party leaves the agreement, any change in the percentage of shared responsibility between the remaining parties should be adapted by a provision inserted at the time of conclusion of the contract. One of the options available to the parties to a shared agreement is to enforce the agreement. However, litigation can cost several times the cost of a well repair and take too long to get water for morning coffee. For this reason, the parties may wish to include a mediation or arbitration clause. Arbitration is generally less costly than litigation and involves the parties. Ensure that there are call and response notifications and performance rules that require communication between the parties to the agreement and measures to ensure timely resolution of disputes. If you want to buy a house, you need to ask or find out if there is a common well, unless you are sure that the property has communal water. If the property is served by a common well, we advise buyers to always draw the attention of their lawyer and consult a lawyer before accepting the offer to purchase, or at least to subordinate the offer to the lawyer`s agreement and draw the lawyer`s attention to this issue.
Here too, it is worth drawing the attention of lawyers to common wells or well agreements in order to be able to properly advise their clients. The lawyer can perform a title search (if the broker has not already done so) to find out if a well agreement is registered against the security. It is not enough to require a seller to make a well agreement (which is a simple old agreement between former owners) – it should be a registered well agreement (registered with the Land Titles Office) that has been verified by the buyer`s lawyer. The buyer will want to know on what land the well is located, whether the contract is registered with the Land Titles Office and, if so, what it says in terms of electricity and other costs. What are the risks if you don`t have a registered agreement for a common well? The importance of a well agreement is above all to guarantee a right of access to neighbouring land that does not have the well on their land. In the absence of a registered agreement, the contract set would likely exist between the original owners.. . . .