Private water supply issue

Landrover

Member
The water supply for the half village comes from our supply, we don't charge for the water so do not guarantee a quantity or quality of supply and are under no obligation to provide one, some people have just bought a property that needs alot of work done to it, today they have had people looking at the water supply without asking our permission, this house has always had water from our suppy, there is no mains water within 2 miles so can't get it from there ! Is there anything stopping me from disconnecting there supply from a legal point of view ? Previous owners never paid for water and when the property was sold we were not approached about the water supply ?
 

David.

Member
Mixed Farmer
Location
J11 M40
I do not think you can legally just cut someones domestic water supply off, regardless of whether it is an officially documented easement or not. Purchasers solicitors ought surely to gave asked vendors about water supply, and it may well be an issue between the parties; but even so, I dont think you can summarily deprive them of the supply.
 
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egbert

Member
Livestock Farmer
The water supply for the half village comes from our supply, we don't charge for the water so do not guarantee a quantity or quality of supply and are under no obligation to provide one, some people have just bought a property that needs alot of work done to it, today they have had people looking at the water supply without asking our permission, this house has always had water from our suppy, there is no mains water within 2 miles so can't get it from there ! Is there anything stopping me from disconnecting there supply from a legal point of view ? Previous owners never paid for water and when the property was sold we were not approached about the water supply ?

I'd take legal advise pronto, and maybe some kind of statements from friendlies in't village, and agents who've knowledge of how its been done.
It could get very difficult
 

Landrover

Member
My heart says go and fit a stopcock tomorrow, but my head says leave it alone and just let them get on with it ! Tho may have a word with the NFU on Monday !
 

renewablejohn

Member
Location
lancs
Get legal advice pretty dam quick would be my advice. Had similar here on hillside above us with farmer always supplying around 10 houses. Newcomer came in and created fuss with mains water supplier who knew nothing about the private supply. Once the mains supplier found out about it farmer had to shut down supply and houses had to pay for mains line to be installed and houses connected. Farmer was only allowed to supply his own farm on "grandfathers" rights but then council got involved with testing water trying to also make them go on mains supply. All very annoying as the farmers land was all part of the catchment area for the local reservoir so exactly the same water.
 

br jones

Member
The water supply for the half village comes from our supply, we don't charge for the water so do not guarantee a quantity or quality of supply and are under no obligation to provide one, some people have just bought a property that needs alot of work done to it, today they have had people looking at the water supply without asking our permission, this house has always had water from our suppy, there is no mains water within 2 miles so can't get it from there ! Is there anything stopping me from disconnecting there supply from a legal point of view ? Previous owners never paid for water and when the property was sold we were not approached about the water supply ?
These days with modern plumbing systems you require around 25 lpm and 3 bar ,they were probalu testing to see what is what before quoting for replumbimg the house
 
Location
Gwynedd
I was in a similar situation a couple of years ago although my neighbors were the only ones drawing from a supply situated on our land,
They decided to sell up and even though we asked them to they refused to make any mention in the sale particulars that they did not own the spring where the water was drawn from.
My father had made a verbal agreement with their parent(his cousin) 35 years previous that they could draw water from the spring at their own risk on the understanding that it was left uncovered as this was the only supply of water that our sheep had access to on that parcel of land during a dry summer,
When we heard that the farm had been sold we contacted a solicitor. he advised us that because they had received an unrestricted supply for over 20 years and no agreement on paper we could not stop them. If they had been paying an yearly fee, even £1 per year we could have.The only thing that we could do was inform the Estate Agent and the purchaser that the water was not fit for human consumption. The new owners have bored a new well.
Lesson learnt is get everything down on paper signed by both parties specially if dealing with neighbors that are family as one day probably your neighbor won't be related to you or your descendants.
 

AdamN

Member
Location
West Yorkshire
Legally - if the water supplied to that house is on your land - they have a legal right to access your land and investigate the supply. That being said, it is common courtesy to notify you/make arrangements with you to do this.

I would not recommend cutting off the supply and this could have legal ramification for you.

I would suggest you find out if the water supply was mentioned in the particulars of the sale of the property. Normally a supply of water in neither quality or quantity is mentioned/specified.

It is down to the occupier/owner of the property to get the water to PWS standards (drinking water standards) All filtration needs to be installed on the property of the consumer. (ie the new owners) and at their cost.

I would suggest you contact your solicitor to find out how you go about charging for the water, if this is something you wish to do.

As we are a filtration company, we must state we have no legal training whatsoever and this is not legal advice and nor should it be taken as such.

Hope that helps

Adam.
 

Dry Rot

Member
Livestock Farmer
The situation could change if the new owners increase their demand for water and drain the source, so depriving everyone else, including the sheep!

I think I'd be taking legal advice on your position in that eventuality. Measuring what they currently take might be an idea, if that can be done.

When I was involved in such things, we might grant a right to take the overflow from an existing supply but would have been very wary of adding to those already taking water from an existing supply.

I remember asking the water board if we might take the overflow from a spring owned by them but on our land to supply a new house. They refused! I informed them by return of post that they wouldn't be getting any water from our property in the future as it was not unreasonable to ask to tap into the overflow. They very quickly went into reverse and everyone was friends again!

Water supplies are valuable.
 

Zetor

Member
Location
Northumberland
T
I remember asking the water board if we might take the overflow from a spring owned by them but on our land to supply a new house. They refused! I informed them by return of post that they wouldn't be getting any water from our property in the future as it was not unreasonable to ask to tap into the overflow. They very quickly went into reverse and everyone was friends again!

Water supplies are valuable.
We were in that situation, we paid for water that came off our land until the WB reversed the flow from the village that put us onto treated mains water, the water quality and supply deteriorated drastically caused by the pipe work and infrastructure (long story)
WB wanted £1mn for the rights of the spring after suggesting they removed their infrastructure from our land they said they we could have it!
 

farmerm

Member
Location
Shropshire
All private water supplies now come under the PWS legislation that came in around 2016. I think you are in breach of the law if your private water supply is not registered, risk assessed and regularly tested by the council.... :bag: we used to do an annual self test to give us some protection in case a tennant ever got sick But with the council it costs us something around £150/year now, just so long as we keep having clear tests :nailbiting:

I may corrected but I think you could have a duty of supply. You may be not only liable for the full cost of the council risk assessments and testing but also for ensuring a safe supply. If the water fails the tests you may be the one who has to bear the full burden of any water treatment upgrades, possibly even the cost of the 2mile extension to the mains if treatment is not a viable option.:eek:

I hope for your sake someone tells me I’m talking rubbish.:unsure:

Quiet word with the new neighbours might either keep things on the low or stir up trouble...
 

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