Private well

Farming west of ireland

Member
Livestock Farmer
Hello. My uncle recently passed away. I inherited the land that he inherited from his father and his house, livestock machinery and buildings. My brother inherited land that my uncle purchased in later years. There is a private well located to the rear of the house. My uncle ran a water pipe from the well up to the land he purchased about 15 years ago. I plan on maybe selling the house and land in 5 or 6 years time so I asked my brother for a small fee just incase a right of way to water may be claimed. He us refusing to pay it and says he has right to the water as it has been provided in the land for the last 15 years. The well is quite costly to maintain as the water is full of iron. I have recently spent about €5000 upgrading the treatment tanks. What are your opinions?
 

Flatlander

Member
Arable Farmer
Location
Lorette Manitoba
Hello. My uncle recently passed away. I inherited the land that he inherited from his father and his house, livestock machinery and buildings. My brother inherited land that my uncle purchased in later years. There is a private well located to the rear of the house. My uncle ran a water pipe from the well up to the land he purchased about 15 years ago. I plan on maybe selling the house and land in 5 or 6 years time so I asked my brother for a small fee just incase a right of way to water may be claimed. He us refusing to pay it and says he has right to the water as it has been provided in the land for the last 15 years. The well is quite costly to maintain as the water is full of iron. I have recently spent about €5000 upgrading the treatment tanks. What are your opinions?
Sound like a typical family argument. Seeing as both of you inherited the property,which in itself is a major capitol leg up I find it hard to believe you can’t come to terms concerning water. If both are using it both pay for the system up keep,if the brother doesn’t wish to contribute then turn it off his supply. He can always go drill a private well as your uncle did. Sounds like greedy pups fighting over gravy after being given a big meaty bone each.
 

Farming west of ireland

Member
Livestock Farmer
Sound like a typical family argument. Seeing as both of you inherited the property,which in itself is a major capitol leg up I find it hard to believe you can’t come to terms concerning water. If both are using it both pay for the system up keep,if the brother doesn’t wish to contribute then turn it off his supply. He can always go drill a private well as your uncle did. Sounds like greedy pups fighting over gravy after being given a big meaty bone each.
To be honest I think if I sold the property in the future having a right of way to the pump house would devalue the sale.
 

tepapa

Member
Livestock Farmer
Location
North Wales
I'm sure your uncle would have wanted both of you to have water. But expecting water for free is not on imo. I don't see that you have to supply treated water either, he can treat it himself.
He may argue for a right to the water but I can't see how he could argue for it without contributing to the running costs.
 

Dry Rot

Member
Livestock Farmer
Time to see your solicitor. You will get plenty of opinions on an open forum but, for a start, I doubt whether there will be many experts on law in the Irish Republic! I'd guess that he has a right to his supply as existing, but not to an increased supply unless it is natural.

Would it be any different if the supply was by way of a spream instead of piped? I doubt it. Give in with good grace, it's costing you nothing and if your tractor gets bogged you can guess who comes around the corner on his!
 

Farming west of ireland

Member
Livestock Farmer
I'm sure your uncle would have wanted both of you to have water. But expecting water for free is not on imo. I don't see that you have to supply treated water either, he can treat it himself.
He may argue for a right to the water but I can't see how he could argue for it without contributing to the running costs.
The water is treated as it supplies the house also. There are obscene levels of iron in the water and an expensive system has been installed. I looked for a €75 fee per annum just to show on my bank account that I had received payment. But he says if he pays me he may loose his right to the right of water
 

Farming west of ireland

Member
Livestock Farmer
Time to see your solicitor. You will get plenty of opinions on an open forum but, for a start, I doubt whether there will be many experts on law in the Irish Republic! I'd guess that he has a right to his supply as existing, but not to an increased supply unless it is natural.
Yes I will need to speak to a solicitor but I was just seeing what reactions I'd get. I assume it depends how long the pipe is there etc
 

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HSENI names new farm safety champions

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Written by William Kellett from Agriland

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The Health and Safety Executive for Northern Ireland (HSENI) alongside the Farm Safety Partnership (FSP), has named new farm safety champions and commended the outstanding work on farm safety that has been carried out in the farming community in the last 20 years.

Two of these champions are Malcom Downey, retired principal inspector for the Agri/Food team in HSENI and Harry Sinclair, current chair of the Farm Safety Partnership and former president of the Ulster Farmers’ Union (UFU).

Improving farm safety is the key aim of HSENI’s and the FSP’s work and...
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