Shared Well Agreement Nova Scotia: What You Need to Know
If you reside in Nova Scotia and are considering the purchase of a property that utilizes a shared well, it is essential to understand the implications of a shared well agreement.
A shared well agreement outlines the terms and conditions for the shared use of a water source between multiple property owners. These agreements safeguard the shared access and use of the well while preventing conflicts and misunderstandings.
In Nova Scotia, shared well agreements are essential, as many rural homes and properties rely on wells for their water source. A shared well agreement becomes necessary when two or more property owners share a single well. This can happen in cases where the well is located on another owner`s land or is situated between multiple properties.
A shared well agreement will typically cover things like water rights, maintenance responsibilities, billing, and costs. The agreement will specify how much water each property owner can use, the procedures for resolving disputes, and the process for adding new members to the agreement.
When entering a shared well agreement, it is essential to consult with a lawyer. They can review the agreement and ensure it addresses the legal requirements mandated by Nova Scotia`s Water Resources Protection Act. A lawyer can also help with drafting the agreement if necessary.
In addition to legal guidance, it is also important to have a well inspection and testing done before signing a shared well agreement. Well testing can identify any potential issues with the well, such as water quality or quantity problems. These issues can be addressed before signing the agreement, avoiding any unexpected costs in the future.
In summary, a shared well agreement is essential when accessing a shared water source. Nova Scotia`s Water Resources Protection Act governs shared wells in the province. When entering an agreement, it is crucial to consult with a lawyer, draft the agreement carefully, and conduct a well inspection and testing to identify any potential issues. Doing so can prevent conflicts and ensure a reliable source of water for all involved parties.
