Example Of Shared Well Agreement
The best agreements consider neighbours who do not get along with each other: the provisions are easily understandable and do not encourage disputes, since the performance of a given party is clearly indicated on its purpose and the time limit for performance, with explicit penalties for non-compliance, such as for example. B the termination of water service at the end of the term. Unregistered agreements undermine applicability, as successor property owners are probably not aware of the common well agreement. This was the case in Koelker v. Turnbull. At koelker, the seller performed a warranty deed to the buyer, but did not disclose the existence of a third-party interest in the property under an unreg registered shared agreement.  Where the third parties attempted to exercise their right to water in the buyer`s well, the buyer brought a claim for implied ownership and for seller`s breach of an explicit guarantee of ownership.  The buyer obtained a default judgment against the third party and the seller.  The seller appealed and the court decided that the seller had violated the express guarantee of ownership and that the buyer`s damages were his attorney`s fees.
 In certain circumstances, the parties suspend the shutdown of water services under the agreement. If a party finds a new water source, such as a new well or municipal water source, it may need time to build and commission its new water source. Agreements that allow parties to use water for a reasonable amount of time before putting their new systems online are beneficial.