The water treatment plant at the corner of 5th Avenue and Spruce Drive was commissioned in the summer of 2008. The company currently operates real estate in Fifth Avenue Estates, Highlands, Prairie Crossings, as well as a number of new buildings within the central Town area. Shared agreements with neighbours are complex and potentially chaotic relationships. In Humphries v. Becker, the parties have reached a shared wave agreement, but not properly identified the well.  The property was transferred to a buyer who, on the basis of the seller`s representations, considered that the well subject to the “Shared Well” agreement would be sufficient to supply the house and its irrigation system with water.  In reality, the well used for the irrigation system was on adjacent land of a farmer and was used only with his permission.  The farmer stopped the consumption of irrigation water when a conflict broke out between the buyer and the farmer. The buyer then sued the seller for misrepresentation.  The fact that the original parties did not sufficiently identify the well in the Shared Well agreement led the seller to pay for costly litigation that could have been avoided. 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. 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. What are the risks if you don`t have a registered agreement for a common well? The importance of a well agreement is above all to guarantee a right of access to neighbouring land that does not have the well on their land. In the absence of a registered agreement, the contract would likely be between the original owners. How can neighbouring landowners or future landowners prove legal access to the well on someone else`s land? Another example could be a neighbour who uses a lot of water for watering lawns, filling pools, flooding backyards or filling tanks to bring them to the cottage. Can a neighbor sell his water? If the operating costs of the pump are shared by many neighbours and a neighbour`s water consumption is exceptionally high, is this permissible and should all of them bear the same costs? (As a general rule, costs are equally distributed.) In the absence of an agreement, who decides what repairs are needed and who will be hired for repairs? When a pump breaks down, sometimes decisions have to be made quickly and with confidence and dealers want payment. For more information or questions about well contracts or any special situation, please contact one of our lawyers. It is preferable for the parties to think about how the costs will be allocated if the use of the well is extended in the future. Even if a common well is only used for domestic use, an increase in the water table that is removed may require a larger well or larger infrastructure. If one party wants to expand its use of the well and the other does not, it could lead to a conflict between them over possible additional costs associated with the expansion.
A frequent restriction on the fountains of the house is a bar to use water for swimming pools. Other identifiable uses of large quantities should be expressly deterred in the agreement, either by identifying the use or by measuring the use of water volume for the different compounds.