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Thread: contract for a shared well?

  1. #1
    DIY Junior Member rancocasrich's Avatar
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    Default contract for a shared well?

    I am a newbie on the forum and my request may already be in the archives. We share a newly drilled well with our neighbors. Our neighbors are my wife's nephew and his wife. We have a very good relationship and total harmony on water usage from the well and all other matters. Our cottages are vacation residences. We use ours about 8 weeks a year. Our nephew and wife use theirs every weekend from spring through fall and during some weeks in the summer. They are significant caretakers for our cottage when we are not there.

    We want to have a well/water contract in case one of us decides to sell our place. There is no intent in using the contract unless that happens but we each think it is good to have one in place before it is needed.

    Does anyone have suggestions or samples for a water/well contract?

    Thanks

  2. #2
    In the Trades Wally Hays's Avatar
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    did you try that legal letters site they are always advertising on the radio?
    Perception is 3/4 of reality

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    DIY Senior Member Bob999's Avatar
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    Laws in different states vary but typically you will need some type of document that is filed as a part of the property records of the county where you live to provide the kind of protection you seem to be seeking. You would be best off consulting with a local attorney who specializes in real estate law.

  4. #4
    DIY Junior Member rancocasrich's Avatar
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    Folks, Thanks for the replies. I am hoping a forum member has a contract already in place that we might consider using.

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    General Engineering Contractor ballvalve's Avatar
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    I have written several well share contracts, and you absolutely need one. The fastest route to a free one is to go to your title company and review some they did [if your area uses title companies] They will provide it cheap or free. Otherwise just go to the hall of records [recorders office] in your county and pull up the micro film with hundreds of them in the public domain - free and for the choosing, then modify it to fit your plan.

    I have done one pagers and 15 pagers. Sometimes less is better. And DO NOT TRUST YOUR NEW NEIGHBOR when the place is sold. I had a guy scan my document, reword one sentence that screwed me, and slip it into the closing documents that I signed and recorded. Not a fun fix.

    Finally: search the "Water well council" or something like that - they have a free and printable well share that meets HUD and FHA on line. I use it as a baseline often.

    Save the lawyers for problems with the document later. This is a DIY project if you passed the 13th grade.

    OK its 'watersystemscouncil.org' and you can find it with a search for "well share agreement"
    Last edited by ballvalve; 07-06-2010 at 10:35 PM.

  6. #6
    DIY Junior Member rancocasrich's Avatar
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    thanks for the help ....I'll check out that link.

  7. #7
    DIY Junior Member rancocasrich's Avatar
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    Ballvalve, Thanks for the info you gave me. However, I went to the watersystems site and searched for a well share agreement with no success. Any further advice? Thanks

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    DIY Junior Member rancocasrich's Avatar
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    great stuff, thanks

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