7 outubro 2021
While most landowners can imagine sharing a well with their current neighbor, few people consider sharing a well with someone who is not an initial party to the deal. A well-written agreement contains provisions for the transfer of a property interest in the drilling to a purchaser of the property served by the well. Most agreements are transferred to the country by the act, because the right to use water corresponds to the country it serves.  Some parties may not want a transferable agreement. Agreements may be concluded for a fixed period or between certain parties. In any case, the agreement should clearly indicate whether it is a confederation which is transferable to property and which is recognised in the Land, and under what conditions the alliances and the status of the corresponding right end. The best agreements consider neighbours who do not get along with each other: the provisions are easily understandable and do not encourage disputes, since the performance of a given party is clearly indicated on its purpose and the time limit for performance, with explicit penalties for non-compliance, such as for example. B the termination of water service at the end of the term. 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.  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.  In reality, the well that used the irrigation system was on a farmer`s adjacent land and was only used with his permission.  The farmer interrupted the use of irrigation water in the event of a conflict between the buyer and the farmer. As a result, the buyer sued the seller for misrepresentation.  The fact that the original parties did not sufficiently identify the drilling products under the common drilling agreement meant that the seller had to bear the costs of costly litigation that could have been avoided. In a common well agreement, the parties must grant other parties non-exclusive reciprocal service rights to access the well house and water distribution pipes for repairs, maintenance, separation and other necessary reasons. . .