Thank you for this explanation, such as shared inspections as well as private inspections. My neighbours and I talked about having a common well. I will talk to them about developing a plan so that we can share the price of regular inspections. Here are a few things you should find in your agreement (or add if necessary): the contracting parties must, in certain circumstances, suspend the shutdown 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. In a mutual agreement, the parties must grant other parties reciprocal non-exclusive ease rights to access the fountain and water distribution pipes for repair, maintenance, separation and other necessary reasons. Setting a surveyor to map these facilities is a good way to ensure location accuracy. Facilities must be at least four feet on each side of the underlying water line, so that a tractor or trench shovel can enter and escape for repairs. As a result of the review and schedule of the agreement, the provisions provide that these facilities remain intact when a party terminates the contract as long as other parties require it or the parties do not agree in writing to amend or terminate the facilities.
Shared agreements with neighbours are complex and potentially chaotic relationships. In Humphries v. Becker, the parties have reached a shared wave agreement, but not properly identified the well. [3] The property was transferred to a buyer who, on the basis of the seller`s representations, considered that the well subject to the “Shared Well” agreement would be sufficient to supply the house and its irrigation system with water. [4] In reality, the well used for the irrigation system was on adjacent land of a farmer and was used only with his permission. [5] The farmer stopped the consumption of irrigation water when a conflict broke out between the buyer and the farmer. The buyer then sued the seller for misrepresentation. [6] The fact that the original parties did not sufficiently identify the well in the Shared Well agreement led the seller to pay for costly litigation that could have been avoided.
It is also important to note that where there is a common well, lending institutions may need a well agreement registered as a condition of financing. If the problem has not been corrected correctly in advance, it can sometimes be a nasty surprise for buyers who have signed an offer to purchase and are now trying to secure or conclude their “pre-approved” financing agreements. In fact, if your mortgage is insured (for example by Canada Mortgage and Housing Corporation, or otherwise), if there is a common well, then there is usually a requirement to have a registered agreement that addresses the well agreement.