Do I need a notary

[nerdgirl50]

Hi All,

Newbie here. The situation: I currently share a well with 4 neighbors. There is an existing Agreement stating that all 5 families share in the duties/expenses of running the well.

We are currently in the process of all getting individual wells. As a result, I put together a termination agreement (based on the previous Well Agreement and using language from a few boilerplate termination agreements.) All the neighbors looked it over, agreed to all the terms said it looks fine and they're happy to sign.

The Question: The final page of the agreement is includes a signature page with spaces for each of the 5 neighbors to sign (it includes their name, address and date of signing.) Do I need to get this agreement notarized? I was under the impression that just the 5 families (who are in agreement) signing it is fine.

Many thanks in advance for any/all advice.

 

[FlyingRon]

All a notary does is certify the identity of those who signed the document. While it will certainly support the document, it's not always essential.

 

[nerdgirl50]

Thanks very much.

 

[Zigner]

All a notary does is certify the identity of those who signed the document.

I can think of a place in the US that this is not true.

Our OP should really tell us what state this matter is occurring in.

 

[nerdgirl50]

Thanks. It's in NY State.

 

[Zigner]

Thanks. It's in NY State.

That's not the place I was thinking of - so FlyingRon's post is spot-on.

 

[nerdgirl50]

Thanks. And coincidentally, a friend who's dealt with this type of thing before happened to just call and confirmed it. No notary necessary.

Thanks all!

 

[FlyingRon]

I can think of a place in the US that this is not true.

Our OP should really tell us what state this matter is occurring in.

Well, yes, they are often empowered with administering oaths and certain other quasi judicial.

What I meant to say is the notary's stamp on the document only attests to the identity of the signature rather than provoding any kind of elevation of the document.

 

[Zigner]

Well, yes, they are often empowered with administering oaths and certain other quasi judicial.

What I meant to say is the notary's stamp on the document only attests to the identity of the signature rather than provoding any kind of elevation of the document.

In Louisiana, notaries are much different - the odds were that the OP was *not* in Louisiana, but we didn't find out that this was for New York until later

 

[colourfastt]

Well, yes, they are often empowered with administering oaths and certain other quasi judicial.

What I meant to say is the notary's stamp on the document only attests to the identity of the signature rather than provoding any kind of elevation of the document.

I can say as a Louisiana notary, is that in addition to identifying the signers (which is in common with notaries in the other states), we also give the documents "legal effect" which is unique to Louisiana.

And to quote from Wikipedia: "They are the only notaries to be appointed for life. The Louisiana notary public is a civil law notary with broad powers, as authorized by law, usually reserved for the American style combination "barrister/solicitor" lawyers and other legally authorized practitioners in other states. A commissioned notary in Louisiana is a civil law notary that can perform/prepare many civil law notarial acts usually associated with attorneys and other legally authorized practitioners in other states, except represent another person or entity before a court of law for a fee (unless they are also admitted to the bar). Notaries are not allowed to give "legal" advice, but they are allowed to give "notarial" advice - i.e., explain or recommend what documents are needed or required to perform a certain act - and do all things necessary or incidental to the performance of their civil law notarial duties. They can prepare any document a civil law notary can prepare (to include inventories, appraisements, partitions, wills, protests, matrimonial contracts, conveyances, and, generally, all contracts and instruments in writing) and, if ordered or requested to by a judge, prepare certain notarial legal documents, in accordance with law, to be returned and filed with that court of law."

 

[FarmerJ]

Nerdgirl50 you haven't said a word as to the group paying the cost to have the formerly shared well taken out of service / capped/ sealed . I also am curious , even if you all agree in writing to end the well agreement is there any thing recorded to each homes title that has to be addressed so that later on when one of the homes that were sharing are sold there is no way for a new owner to revive that wells use ?