If there are large disputes between neighbours over their common well, the owner, who does not have a well on his property and is not allowed to turn around, has few options. And without water, decisions must be made quickly. One possibility could be to drill a new well if government authorities and conditions permit. This cost could be in the thousands of dollars. Litigation is sometimes an alternative, but the cost could easily exceed the possibility of drilling a private well, there is always a risk of losing in litigation (in the absence of a good agreement) and the stress and time associated with court proceedings should be taken into account. At Smith Neufeld Jodoin LLP, we have experience in rural real estate transactions with wells and other themes common to rural real estate. Outside of Winnipeg-based businesses, we are the largest law firm in southeastern Manitoba. 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.  With good preparation, parties considering a collective agreement can avoid many common problems.
One of the options available to the parties to a sharing agreement is to continue the implementation of the agreement. However, litigation can cost several times the cost of a well repair and take too long to get water for morning coffee. For this reason, the parties may include a mediation or arbitration clause. Arbitration procedures are generally more favourable than disputes and are binding on the parties. Ensure that there are call and response communications and performance rules that require communication between the parties and measures to ensure timely dispute resolution.  See Idaho Department of Environmental Quality, www.deq.idaho.gov/water-quality/ground-water/private-wells.aspx (last june 13, 2017). 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.
 If you are buying a home with a common well, you must enter into an agreement with other well users to protect access to the water supply and spell out the costs and responsibilities for system maintenance. Well, agreements are a common and important part of common wells. This type of agreement is above all a matter of common sense. In this regard, these agreements would be similar to other agreements, such as common entry agreements.B. 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.