Water rights

L1985

Hey guys just wanted some clarity on this.we have land the last 30years. No water comes with the land.dad got an agreement with another farmer that we could tap into a spring right beside us.we don't have rights to it he does. So now the sons taken over and he's adjusted the flow a bit so we aren't getting water. Now I actually don't think he did it deliberately-he might not even be aware we use it. It's a huge spring and has never dried up. Now to be clear we havnt paid this guy for the water-it was c informal. So if this guy digs in his heels would we have any rights because we have used it for so long?i seriously doubt we would go down that route and cause a fuss to be honest so just wondering.cattle are only on the land around 4months of the year.also how do you know if you have water rights?its in Forrestry so makes boundaries a bit more tricky. Thanks everyone

barnaman

You have zero rights to the water. You had access/water with owner's permission; he can withdraw permission at any time. Fact had it for 30 years makes no difference.

freedominacup

barnaman wrote: »

You have zero rights to the water. You had access/water with owner's permission; he can withdraw permission at any time. Fact had it for 30 years makes no difference.

I think you're wrong. I know a farmer who was pumping water to a number of houses in exchange for hassle free access down a narrow boreen to an out farm. Hassle started over access. He cut off water supply to houses. Upshot of it all it ended in court. He now has to supply water in perpetuity AND lost his access. Water makes rights of way look like two kids arguing over a power ranger.

barnaman

no general rule is to establish an easement/profit a prendre you need to being doing it as of right. Example you cite seems complicated ie was an element of contract you provide access/I provide water. Without facts hard to say what happened in that case.

http://www.prai.ie/registration-of-easements-and-profits-a-prendre-acquired-by-prescription-under-section-49a/

freedominacup

barnaman wrote: »

no general rule is to establish an easement/profit a prendre you need to being doing it as of right. Example you cite seems complicated ie was an element of contract you provide access/I provide water. Without facts hard to say what happened in that case.

http://www.prai.ie/registration-of-easements-and-profits-a-prendre-acquired-by-prescription-under-section-49a/

It's as straightforward as I outlined. I know both sides of the row. The farmer in question's brother in law is also my wife's brother in law. I don't remember the exact details of what started the hassle but there wouldn't be much give in either side.

ganmo

freedominacup wrote: »

It's as straightforward as I outlined. I know both sides of the row. The farmer in question's brother in law is also my wife's brother in law. I don't remember the exact details of what started the hassle but there wouldn't be much give in either side.

Unfortunately op is talking about water to land for animals and the case you know are to houses so not the same

Waffletraktor

freedominacup wrote: »

I think you're wrong. I know a farmer who was pumping water to a number of houses in exchange for hassle free access down a narrow boreen to an out farm. Hassle started over access. He cut off water supply to houses. Upshot of it all it ended in court. He now has to supply water in perpetuity AND lost his access. Water makes rights of way look like two kids arguing over a power ranger.

Its not worth the hassel of providing services to pass through your land unless you get paid an extortionate amount of money to begin with.

TITANIUM.

Why don't you just have a friendly chat with him, there probably is no issue there atall

Reggie.

TITANIUM. wrote: »

Why don't you just have a friendly chat with him, there probably is no issue there atall

+1

L1985

That's what we will probably end up doing. As I said we won't cause a fuss over it.tbh I was just thinking about it and was wondering how water rights worked. Don't know much about them. Dads adamant we don't have a right to the water but it's outside our ditch in an area we have right of way so I was a bit confused over it. I can't see the new guy having an issue with us using the water seeing as there is so much if it so fingers crossed we won't have to look for another water supply.

L1985

Just to come back on this-dad spoke with your man he hadn't realised he had cut us off.we now have running water again and all is good!!shows the soft approach wins over. Thank god as didn't fancy having to put a pump or try find another spring up there . I didn't really realise water rights fully existed before this-it had never really come up in conversation!

Reggie.

L1985 wrote: »

Just to come back on this-dad spoke with your man he hadn't realised he had cut us off.we now have running water again and all is good!!shows the soft approach wins over. Thank god as didn't fancy having to put a pump or try find another spring up there . I didn't really realise water rights fully existed before this-it had never really come up in conversation!

Good to hear that. Happy farming