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 would likely be between the original owners. How can neighbouring landowners or future landowners prove legal access to the well on someone else`s land? Another example could be a neighbour who uses a lot of water for watering lawns, filling pools, flooding backyards or filling tanks to bring them to the cottage. Can a neighbor sell his water? If the operating costs of the pump are shared by many neighbours and a neighbour`s water consumption is exceptionally high, is this permissible and should all of them bear the same costs? (As a general rule, costs are equally distributed.) In the absence of an agreement, who decides what repairs are needed and who will be hired for repairs? When a pump breaks down, sometimes decisions have to be made quickly and with confidence and dealers want payment. 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. A registered fountain agreement should ideally include a reference to the location of the well (including whether it is at a boundary or at the exact position on a person`s land). It is important to specify access properties to other properties, including for the maintenance required for water pipes. If the well. B is used in common by several features of a series, properties that are further away from the well must be recorded for the additional properties of their water pipe. The agreement should indicate which owner receives the electricity bill and how the costs are distributed, including when and how payments are made. It should indicate who can decide when maintenance and repair may be required and how maintenance and repair costs are allocated. Must have a common, legally binding fountain agreement for the signatories and successors in the title.

We recommend that a formal agreement registered with the Landesamt for Rechtundungen should always be a good idea for such agreements. And like any agreement, it should be formalized before problems arise and all parties are on good terms. The buyer at Koelker was able to reassure his interest in his well, but this was only by default judgment. If the buyer had not done so, he might have been forced to share his well with third parties. The easiest way to avoid the problem in Koelker is for the parties to register the agreement at the district registry office in the county where the well is located. Wenn sich Dienstverbindungen au-erhalb dieses Landkreiss befinden, sollte die Vereinbarung auch im anderen Landkreis erfasst werden. As with any document that governs the property interests that run with the land, the amendments should also be written and recorded. [16] If a well is to be repaired, the agreement must indicate who is responsible for repairing the well.