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. A common well is usually a well on land, as well as a submersible pump (unless the well is a fluid artesian well). One of the features (usually the one in which the well is located, but not always) is charged for the electricity to operate that pump in the well. It is usually the responsibility of the landowner who has the well to maintain the pump. After the agreement has identified the parties, properties and purpose of the agreement, it must indicate who is responsible for the costs of installing, operating and maintaining the well. Water users should be jointly responsible for the authorized use and maintenance of wells. Taking the time to specify how the parties will allocate the costs of maintaining, repairing, upgrading and replacing well equipment, including the date of payment of these costs, can help avoid disputes between the parties and subsequent owners. The U.S. Department of Housing and Urban Development sets minimum standards for common wells, which are legally binding on signatories and successors in the HUD title. These must be completed in order to qualify for an FHA-backed mortgage.
The indication of cost-sharing for electricity, repairs, testing and disinfection of the system. These include replacing components, including the pump, improving system life and restoring yields A characteristic of some (typically rural) neighbourhoods is the common well. A well agreement should clearly determine who pays, which for regular expenditure. Methods vary depending on the number of people who own the well and the shape of the agreement. Some people are comfortable paying a single well owner directly. Sophisticated agreements often establish a trust fund with a local bank, from which designated parties can withdraw money. The designated party may charge these funds by regular returns to the other parties. However, it can be difficult to divide the bill if some parts use more water than other parts. An agreement can mitigate this problem by requiring the installation of individual water and electricity meters for each water connection and charge based on their actual use. Some well contracts can only operate with a monthly flat fee, although provisions are required to allow for a change in the levy. 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. With cooperation and shared responsibility, it can be advantageous to own a home with a common well. If you want more information HUD publishes guidelines for common wells, and here at Skillings `Sounds`, we`re always happy with information when we can. If you have any questions about the common well, please call us. If we don`t know the answer, we`ll let you know someone who will! We recommend that, when a buyer is informed, the property includes a common well, in addition to ensuring that there is a titration agreement, that he also receives a copy of the agreement and that he reads or pays for his lawyer to verify the contents of the agreement, which is particularly important.