Private well

[tepapa]

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

Tee his supply in before the treatment plant.

 

[Farming west of ireland]

He’s being a ballax then.

That's what I think. But his argument back is that water has been running up there for years and he has a natural right to it now. If he starts paying that removed the natural right and if he ever did sell the land it would devalue it having no water

 

[Farming west of ireland]

Tee his supply in before the treatment plant.

Tjats not really the issue. The issue is he may have a right of water to the private well which I am unhappy with as if I see the house it will probably devalue the house

 

[Farming west of ireland]

Wants to use it but not pay for it? And just got a pile of free land? I'd have it sold tomorrow and walk away. Nothing worse than a family member who had turned out to be a complete cockwomble.

He did offer ke €75 cash but not lodged into my account as he wants a right of way to the water. But I'm not happy with a right of way

 

[Wellytrack]

Uncle has an outlying area of land, 3 drinkers on it, one meter. Started to notice a serious increase in consumption, checked for leaks found nothing. Turned the meter off, 3 days later a bedraggled flea ridden old duffer with half a mattress stuck to him from over the hill crawled into the yard crying about having no water. Turns out his well was undrinkable due to ‘spa’ Iron and he just T’eed into his water and had been all winter before it was discovered.

 

[Farming west of ireland]

Uncle has an outlying area of land, 3 drinkers on it, one meter. Started to notice a serious increase in consumption, checked for leaks found nothing. Turned the meter off, 3 days later a bedraggled flea ridden old duffer with half a mattress stuck to him from over the hill crawled into the yard crying about having no water. Turns out his well was undrinkable due to ‘spa’ Iron and he just T’eed into his water and had been all winter before it was discovered.

 

[tepapa]

Tjats not really the issue. The issue is he may have a right of water to the private well which I am unhappy with as if I see the house it will probably devalue the house

I know it's not the issue, but you can't use the argument that you've put an expensive treatment plant to treat the water. Send him the water in its natural state.

Inevitably what will happen is there will be a leak in the pipe that goes to his land. You will need to turn the water off to stop the leak. He may have a right to water but not for access to repair said pipe. There will be lots of solicitors letters over a period of 4-5 years, whilst he has no water on that land, eventually you may have to turn the tap back on.

 

[Farming west of ireland]

I know it's not the issue, but you can't use the argument that you've put an expensive treatment plant to treat the water. Send him the water in its natural state.

Inevitably what will happen is there will be a leak in the pipe that goes to his land. You will need to turn the water off to stop the leak. He may have a right to water but not for access to repair said pipe. There will be lots of solicitors letters over a period of 4-5 years, whilst he has no water on that land, eventually you may have to turn the tap back on.

I'm not complaining about the treated water. It's just a small water pipe. If it leaks it's an easy fix

 

[tepapa]

I'm not complaining about the treated water. It's just a small water pipe. If it leaks it's an easy fix

You missed the bigger picture then.

 

[Farming west of ireland]

You missed the bigger picture then.

I'm just not comfortable with someone having a right of way to a private well on private property

 

[tepapa]

I'm just not comfortable with someone having a right of way to a private well on private property

This is going to cost both parties thousands in solicitor fees, you'd both be better off paying for a new borehole.

 

[Wellytrack]

This stuff can run for generations. Find a way to nip it off now, even if that does mean a few K now with a new borehole.

 

[Farming west of ireland]

This stuff can run for generations. Find a way to nip it off now, even if that does mean a few K now with a new borehole.

Yes good point. I cant see why he cant just pay a nominal fee like I suggested. €75 per annum. It shows I am getting a payment for the water and no right of way is granted. He want the right if way though

 

[Wellytrack]

Yes good point. I cant see why he cant just pay a nominal fee like I suggested. €75 per annum. It shows I am getting a payment for the water and no right of way is granted. He want the right if way though

I understand what your saying. Seek some professional advice, personally I think he’s bluffing it but the quicker it can be dealt with the better.

 

[Bokey]

Turn it off an call his bluff just to see what happens especially if your not in a mad rush to sell has he got livestock on his ground

 

[Flatlander]

Yes good point. I cant see why he cant just pay a nominal fee like I suggested. €75 per annum. It shows I am getting a payment for the water and no right of way is granted. He want the right if way though

It boils down to him not wanting to pay and want someone else to supply water and give him the right to sell his inherited land with water rights. Very narrow minded on his part not to offer to pay with the right of continuance that could be an asset when he sells. Make him an offer of water for X amount that will cover power to pump and treat water plus some for long term system costs. If he’s any sort of businessman he’ll see it’s in his best interest to establish a water supply. I cant see it dropping the sale price of your. Many properties are sold with covernants

 

[Flatlander]

I'm just not comfortable with someone having a right of way to a private well on private property

Missed this post. If thats the case give your brother a years notice that he’s being cut off and need to make other arrangements for water.

 

[tepapa]

Missed this post. If thats the case give your brother a years notice that he’s being cut off and need to make other arrangements for water.

Don't give him any notice, cut his supply off today. Don't give him a chance to establish a usage.
The land had a water supply under the previous owner. Nothing written down on paper. Cut it off. He's had an offer to pay for a supply of water, if he doesn't want to pay that's up to him.

 

[Doing it for the kids]

Don't give him any notice, cut his supply off today. Don't give him a chance to establish a usage.
The land had a water supply under the previous owner. Nothing written down on paper. Cut it off. He's had an offer to pay for a supply of water, if he doesn't want to pay that's up to him.

This will certainly bring it to a head quickly. And it will be him spending the money on legal fees which may refocus his mind.

OP needs to appreciate that even if he pays a small fee per annum it comes with huge issues for sell on, lawyers will make a huge deal out of this, many buyers may be out of and deal flop.

What happens if the water quality gets too poor and you have to spend mOre to treat it. What happens if it dries up, is it your job to supply them still. What if the well collapses who pays to fix it?

Unless it’s a 50:50 share then it’s not fair

 

[flywheel]

Seek professional advice as it will be cheaper in the long term...