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Old Water Well in field

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  • 15-11-2023 6:40pm
    #1
    Registered Users Posts: 154 ✭✭


    Hi all,

    Just a question, we have a old water well that was used by the public in a field with cattle grazing throughout the year around it and fenced off with a gate to access it. The water well is an old stone well and sometimes people cross into the field owned by me to access the well. The water well is a public well people have stated which im not questioning, but i am wondering how does insurance and other people accessing for buckets of water potentially case i risk to the land owner?

    Any advise or if you have experience of this in your own fields, please comment.



Comments

  • Registered Users Posts: 140 ✭✭Unidentified user


    My wife's parents used to get water in a farmers field also, along with slot ot other locals. He got the water tested and it came back with high levels of ecoli, magnesium or something like that and a few other high levels of other things. The letter stated the well needed to be disinfected and retested and not used for human consumption until it got sorted.

    He laminated the letter and test results and staked them at the well.

    Nobody uses the well now.



  • Registered Users Posts: 11,210 ✭✭✭✭Base price


    Interesting thread vis a vie landowners liability. There is a spring well on my late Grandparent's farm and it was used by two local families for drinking water up till the mid 70's when a local water scheme was set up. In those days there wasn't an issue regarding insurance claims or liability on the part of the landowner. There is a well a few miles from here on private land that was used for years by locals for drinking water. About fifteen odd years ago the land was sold and the new owners demolished the old house and built a new one on the site. They also built a 4' or 5' wall either side of the driveway/entrance along with electric gates which prevented people getting to the well. Within weeks part of the wall was demolished and replaced with a concrete block stepped staircase/style thingie to allow access to the well. I assume that the access to the well is a right of way. AFAIK but stand corrected, the Occupiers Liability Act covers the landowner - my words - as long as they don't intentionally cause an issue/hazard or ignore an issue/hazard that could cause injury. In the case of this well there are no livestock present.



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