standard How To Enforce A Well Agreement

After identifying the parties, characteristics and purpose of the agreement, the agreement must indicate who is responsible for the costs of installing, operating and maintaining the well. Water users should be jointly and severally liable for the authorised use and maintenance of the well. If you take the time to determine how the parties allocate the costs of maintaining, repairing, upgrading and replacing well equipment, including the date of payment of these fees, disputes between the parties and subsequent owners can be avoided. Unregistered agreements undermine applicability, as successor property owners are probably not aware of the common well agreement. This was the case in Koelker v. Turnbull. At koelker, the seller performed a warranty deed to the buyer, but did not disclose the existence of a third-party interest in the property under an unreg registered shared agreement. [12] Where the third parties attempted to exercise their right to water in the buyer`s well, the buyer brought a claim for implied ownership and for seller`s breach of an explicit guarantee of ownership. [13] The buyer obtained a default judgment against the third party and the seller. [14] The seller appealed and the court decided that the seller had violated the express guarantee of ownership and that the buyer`s damages were his attorney`s fees.

[15] Shared agreements with neighbors are complex and potentially chaotic relationships. In Humphries v. Becker, the parties reached an agreement on common wells, but did not correctly identify the drilling. [3] The land was transferred to a buyer who, on the basis of the seller`s statements, considered that the well subject to the common well agreement would be sufficient to supply both the house and its irrigation system. [4] In reality, the well that used the irrigation system was on a farmer`s adjacent land and was only used with his permission. [5] The farmer interrupted the use of irrigation water in the event of a conflict between the buyer and the farmer. . . .