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. 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. If a well needs to be repaired, the agreement must indicate who is responsible for the repair. As a general rule, each landowner is responsible for the pipes that serve their own apartments and must share the cost of repairs to common appliances such as water pipes, pumps or a well house. Who receives commandments? How many offers do you need? How do the parties choose between competing offers? Developing a maintenance plan is a useful way to structure each party`s schedule, costs and responsibilities. The agreement should define the procedure for deciding and executing reparations. If repairs affect third-party use or if the parties must allocate costs, repairs must be subject to the prior agreement of the parties involved. A well-written sharing 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. While most landowners can imagine sharing a well with their current neighbour, few people think about sharing a well with someone who is not an original part of the agreement. A well-written agreement contains provisions for the transfer of a portion of property in the well to a buyer of the property serving the well. Most agreements are actually passed on to the country because the right to use water is close to the land it serves. [11] Some parties may not want a transferable agreement. Agreements may apply to a particular term or between certain parties. In any event, the agreement should make it clear whether this is a confederation that is transposable to the country with Demland and Dementant and under what conditions alliances and the status of representation end.