Private well

[Bald n Grumpy]

As usual everyone Blame's the one who hasn't been on here asking what to do ? Always two sides to a story. Your brother shouldn't expect not to contribute to running costs. Lots of wells/ springs serving other properties other than the one it's on, don't think this means the landowner can cut supply though.
Be careful that a new borehole doesn't take your supply

 

[Blue.]

Shove a few frogs slugs and stones down his water pipe,he’ll soon want an alternative.

 

[br jones]

i wouldnt be selling the place with a crap water supply,put a new main in ,you and your brother

 

[Bald n Grumpy]

i wouldnt be selling the place with a crap water supply,put a new main in ,you and your brother

Depends how far you need to bring it

 

[Forkdriver]

As your brother has only just acquired the land he cannot have acquired rights. The land holdings were split under the will, and unless there's a specific mention of the water supply l am not sure that he can claim one, especially free of charge.
All said it would be a tragedy for a family feud to develop on this matter.

 

[betweenthelines]

Brother won't want to change anything as he has just what he wants atm.

I think if you stop the water supply to a property (who owns it is immaterial) that could get you in big trouble

 

[Chickcatcher]

Why no mention yet of sticking a water meter in on his supply and charging appropriately. If you do this make sure its as close to his take off point (which by the way will be when you have altered the take off point to before "YOUR" treatment plant).

 

[Ffermer Bach]

I think, if he ever wanted to sell his land, any buyers solicitor worth his salt, would want the water supply to be sorted out, and likewise when you sell your house, your buyers solicitor would expect to see a written agreement for supply of water or would say cut it off (or sort it out). In either case no good conveyancing solicitor would allow it to just go on with nothing written or agreed.

 

[Lazy Sod]

I think if you stop the water supply to a property (who owns it is immaterial) that could get you in big trouble

I know that that's the position with a dwelling house, but does it apply where it's only a supply to some drinking troughs?

 

[tepapa]

I know that that's the position with a dwelling house, but does it apply where it's only a supply to some drinking troughs?

I know someone with rights to water for two water troughs from next doors borehole. No mention in the deeds about supply pipe, maintenance, access etc. 7 yrs on and he still doesn't have water even though he has rights to it

 

[Zebbedee]

i wouldnt be selling the place with a crap water supply,put a new main in ,you and your brother

I agree with this a private water supply in my mind devalues the property anyway to both parties, so new water main in and protect your inheritance and stop the arguments, in fact why not both of you sell the property as one lot then 50-50 on money, I guarantee that will be easiest way in long term if you have already started arguing and are both wanting to sell???????

 

[Bald n Grumpy]

I agree with this a private water supply in my mind devalues the property anyway to both parties, so new water main in and protect your inheritance and stop the arguments, in fact why not both of you sell the property as one lot then 50-50 on money, I guarantee that will be easiest way in long term if you have already started arguing and are both wanting to sell???????

Can't see this happening, if they can't agree over a few thousand for updates and running costs then they won't agree about spending thousands to put in mains water. There's also the possibility that mains water isn't an option, if we wanted/ needed mains here then it would need to come over a mile several different landowners and a couple of roads as well. Not everything is as easy as it sounds

 

[Dry Rot]

A simple question for the water/wayleave experts on here. How does the legal situation differ if the water supply is delivered via an open stream rather than by a pipe? The upstream owner will have no right to block or divert the stream, so what's the difference?

 

[Scots_Knight]

What @Dry Rot says is really the most important thing about the Law in Ireland versus the rest of the UK, Scottish law can be quite different in some areas compared to the law in England.

I've sort of been through this in a sense when my parents and I bought the farm I have now, 30 plus years ago.

We didn't buy the farm cottage but the water supply was linked together, our solicitor said we couldn't alter the setup or charge anything for maintenance or running the pump which was in our garden, as there was no agreement about charging and we had to accept things as they were.

The only way out was to go onto mains water supply and disconnect from the spring supply.

We told the people in the cottage that's what we were going to do, probably gave them a month or two at least but can't remember now.

The old system had a tank where the spring came into, this was nearer there house anyway so they just had to put in a new pump and dig a track for a few meters to the pump and they were back on.

Separating the water supply was the best thing we ever did, I've now seen four different occupants in the house and as there's no tie up there's no arguments about water.

In Scotland after a period of time pipes and water supplies are protected, even if new people come in it makes no difference and most I'd say are bought with existing burdens and privileges anyway, not sure about inheriting property, probably the same.

Try to get a separate supply and avoid wasting thousands fighting, cheaper helping with the cost of a new well.

Avoid rash moves like cutting people off, you'd certainly be in trouble in Scotland and then it would be expensive solicitors for both parties.

As reasonable as it sounds wanting a payment I can see he doesn't want to weaken his rights for water which the land has enjoyed or get a bill one year for €75 then €750 the next year and no payment no water !!
Probably you wouldn't but next person in the house might.

Good luck

 

[Netherfield]

We sold off house and barn to a developer, he wanted to reach an agreement to use the water supply from the farm, but it was in the sale details that there was no water supply provided and it was up to the incoming to either pay for mains or have their own borehole sunk.

The whole lot was converted to three properties, and I learned from one that there has been a lot of problems getting all to share the costs of maintanence of the bore, we had always to lift our pump up at least every two years to have it serviced and the filters cleaned out. So glad we didn't fall into the trap of sharing, farm buildings could run without a supply whilst the cattle were outside due to natural springs so it wasn't a disaster if the pump went off during the summer months.

 

[farmerm]

I know that that's the position with a dwelling house, but does it apply where it's only a supply to some drinking troughs?

If it is only a drinking trough not a house I can not see how there would be any legal right of supply unless in the deeds? If your brother expects you to pay for his water he is clearly a bit of an arse! Certainly worth a few pound of professional advise now to avoid potential high costs in the future.

 

[Wesley]

Would it not make more sense to look into the cost of a new borehole for your brother & come to an agreement to split the cost? All the suggestions of legal advice, but the cost would probably pay a large chunk of a new supply. It would also add value to both properties if they had their own private supply rather than shared.

 

[Exfarmer]

I dont think a bunch of farmers in England , Scotland or even Wales can give any sort of opinion on this matter to a farmer in the West of Ireland. Much as we would love to help , but I really think the OP needs to seek a higher authority.

 

[puppet]

I dont think a bunch of farmers in England , Scotland or even Wales can give any sort of opinion on this matter to a farmer in the West of Ireland. Much as we would love to help , but I really think the OP needs to seek a higher authority.

The Good Lord had many wise words on water though conflicting.
'If I and my livestock drink any of your water then I will pay it's price' but also 'do not forget to do good and to share with others'.
However He is not an expert on water legislation so it is always open to interpretation and debate..

 

[som farmer]

friend bought their farm from the landlord, bore hole was on his farm, supplying his ex l/lords farm, as well, amicably sorted out, they have a pump each, and can swop over in emergencies.
The problem arises, with the 11 houses he also supplies with water, at 0 cost. His 'system' is really at the end of its day, high iron content, and 3/4 in iron pipes. And he is in a minefield, system breaks down, loses pressure, he gets hell, ask for contributions to upgrade, and boom, and if they did help, that puts it in a different ball game again. Mains would be 1 mile away, if not more. So serious money implications to those 11 houses, and to him. Nightmare.

When l/lords sold our farmhouse, on spring supply, they just ran a mains line in, from a meter, and a new line for us, it was, and still is, our 'emergency' supply. Job done.