You can`t cut off someone`s water because you don`t pay the cost of maintaining the fountain, but you can follow them to a higher court. They have a written agreement of relief and water, and although he has not spoken, the cost of the maintenance distributed between users, there is a common law obligation to pay for a reasonable proportional proportion, and a judge would agree. If there are legal fees in your covenants, you can also recover the legal fees. Unregistered agreements undermine applicability, as successors are unlikely to be aware of the common well agreement. This was the case at Koelker v. Turnbull. At Koelker, the seller imposed a guarantee obligation on the purchaser, but did not disclose the existence of a third-party interest in the property under an unregant shared Well agreement. [12] When third parties attempted to exercise their water interest in the buyer`s well, the buyer sued the tacit ownership and the seller`s violation of an explicit guarantee of right. [13] The buyer obtained a default judgment against the third parties and the seller. [14] The seller appealed and the court found that the seller had violated the express guarantee of the right and that the amount of damages suffered by the buyer was his legal fees.
[15] Many small subdivisions share a well located on one of the lands that requires agreement among landowners on the distribution of maintenance costs and which has the obligation and right to maintain the well and water distribution system. 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. Most people enter into sharing agreements, but a day may come when the agreement is no longer necessary or achievable. A well-written agreement has termination clauses. Agreements often require one party to inform the other parties thirty to sixty days before their expected termination. The agreement may indicate the reasons for termination, for example, the availability of a new water source. B a change in the ownership of parcels, insufficient water supply or contamination. Well owners may consider adding a force majeure clause if they are no longer able to provide water for reasons beyond their control.