Private spring water supply+nabour has rights to it

[ademco]

Hello there, not sure if this is the right section to post on but here goes. We purchased our cottage with land in 2002 which has a spring water supply. At the time of purchase the chicken farm above us had a big pump in our tank in our field. Every morning their pump would drain the tank in 5 mins leaving us with no water. 2 years on they had a bore hole put in for their water supply and their pump was removed from our water supply-plus we removed the rusty steel pipe to their farm. On our deeds somewhere it says that they have rights to use our spring water supply. We are very friendly with them and just wandered seeing as they have their own water supply now if the water rights still stand. They are thinking of moving in the next couple of years and I don't want the new owners using our supply as we have no water when this happens. What can be done to remove there rights to our water??

 

[Geometer]

A tricky one, try posting your question here: http://www.gardenlaw.co.uk/phpBB2/index.php
you should get some good advice.
Good luck

 

[Stivino]

I think the right to use the water will transfer to the new owner. I would be very wary about a chicken farm above you, drawing water from your well What if any of that water was to run back into the well?
Your local water undertaker should have an obligation to supply you with water. Can't either you or the chicken farm get it from them?

 

[big-all]

thats rather selfish off them
they should use there own equipment or leave you with a full supply by reducing the amount they take
they do not have a right to deprive you if they needed a large supply they should have a very large supply tank not connected to your tank

 

[Ivah]

I don't think you will find that anybody is obliged to supply you with water. When the spring failed some years back that supplies our small group of houses we looked at alternatives. Yes the water company would supply us but we had to arrange and pay for the half mile pipeline across other peoples land. We went for a shared borehole. I hope your spring supply isn't harmed by the borehole above you lowering the water table. I would guess it would be difficult to remove the right to water without a significant cost. I'm surprised they let you remove the pipe as I would expected them to use it as backup for borehole pump problems. I bet you've got a septic tank as well, isn't it great not to have water rates!

 

[taycast]

Speak to your solicitor - he or she will be able to advise you if you can withdraw this right. You may not want to remove it now, but certainly when there is a future sale.

If you are that friendly with them, tell the your concerns, and see what they say. It may be easier to annul the right with a coperative party, rather than a new owner who may not want to cooperate. Your solicitor is definitely best first step.

 

[mattylad]

Look closer into what the deeds say the right to draw water is for, it may not allow commercial use but only domestic.