If you are considering buying a property with a common well, it is important to start your research by checking all registered agreements regarding the well, especially the actions of the owners involved. It is important to ensure that the acts have adequate facilities for access, use and maintenance of the water system. If there is no common agreement on the well, make one. The termination of a well-sharing contract should not terminate the debts or obligations incurred by a party on the date or date of termination. As a general rule, the resilient party pays for the cost of separating its water from the common system, as well as any damage it may cause to another person`s property or water distribution system. Finally, changes in the percentage of shared liability of the remaining parties should be adjusted by a provision inserted at the conclusion of the contract when a party withdraws from the agreement. There are some specific legal requirements for a common well agreement as well as some simple precautions to take before buying a home with a common well. One of the characteristics of some (typically rural) neighbourhoods is the common well. At Smith Neufeld Jodoin LLP, we have experience in rural real estate transactions with wells and other themes common to rural real estate. Outside of Winnipeg-based businesses, we are the largest law firm in southeastern Manitoba.

The parties may, in certain circumstances, suspend the termination of water-related services as part of the agreement. When 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 period of time before putting their new systems online are beneficial. Seasonal factors such as frozen soil in winter or water for landscaping and livestock in summer must also be taken into account. Most people enter into sharing agreements, but a day may come when the agreement is no longer necessary or achievable. A well-written agreement has termination clauses. Agreements often require one party to inform the other parties thirty to sixty days before their expected termination. The agreement may indicate the reasons for termination, for example, the availability of a new water source.

B a change in the ownership of parcels, insufficient water supply or contamination. Well owners may consider adding a force majeure clause if they are no longer able to provide water for reasons beyond their control. According to HUD`s minimum standards, a common well agreement should be concluded: a well-written well agreement is like any other contract. It should allow the parties to clearly understand their water rights and facility rights for the well and their obligations under the agreement. Ideally, the agreement will avoid any misunderstanding between the parties, as there is no confusion about the definitions, use, maintenance and repair of the well. If the parties register the agreement, future disputes can be avoided. [17] With good preparation, parties considering a collective agreement can avoid many common problems. In order to avoid confusion, the parties must clearly state their purpose of a sharing agreement, which is usually the transfer of a property right into the water. Parties should consider whether their use will be continuous, periodic or seasonal. In addition, the provisions of the agreement should specify that the intended use is exclusively for domestic use or that it covers agriculture or commercial use.