Author Topic: scottish private water supply (Read 3423 times)

Scotsdumpy · « **on:** August 28, 2017, 02:26:49 pm »

We have our own private water supply and there is no nearby town water supply. Our neighbouring property has changed hands a few times since we moved here 12 years ago. The last but two owners had sunk a borehole on the very edge of our property then ran the pipes through our other neighbours land before crossing the track to the house. At the time no- one challenged this and has not changed to date. No adjustment was mad to our deeds.
The property has now been updated and modernised and is up for sale. The current owners have now approched us to sign a wayleave or easement to allow the borehole legal status.

We have several reservations - firstly, the house now boasts 6 bedrooms and showers, wet rooms etc to each. I don't think the water supply is sufficient for a full complement of inhabitants and will run dry (it has done before with only 3 soles biding there).
Secondly - we would like to avoid them coming back to our land to find another source of water which may compromise our water supply.
Thirdly - there is a steading building adjacent to the property which is not included in the sale. I'm concerned that the current owner will keep this for a while then declare it as a redundant farm building and then build new homes there. Hes done this before with other farms hes bought ( hes not short of a bob or two!) This would then put more pressure on the borehole and our water supply.
So, has anyone got any advice or thoughts on this. The guy is really nice and his family is a longstanding farming institution around here so we dont want to fall out with anyone as we have a good relationship with them.
thanks!!!

harmony · « **Reply #1 on:** August 28, 2017, 03:11:39 pm »

Does your water come from the borehole too?

Scotsdumpy · « **Reply #2 on:** August 28, 2017, 04:05:03 pm »

Hi Harmony - no, we have a separate one.

Buttermilk · « **Reply #3 on:** August 28, 2017, 07:04:53 pm »

Get advice from a solicitor but I expect that they will advise against granting any wayleave.

juliem · « **Reply #4 on:** August 28, 2017, 10:34:57 pm »

How deep is the borehole.....I would have thought the prospect of a borehole running dry is unlikely in our climate.it's farmers with livestock that use far more water than domestic customers.As to the potential building plots would not the planners consider lack of mains water supply as a no no to further development.
Agree you need advice from solicitor as to wayleave.Here in England rules are there has to be 50 metres between bore hole and septic tank so bores holes can be a nuiscance if your upgrading sewage treatment/septic tank.

Scotsdumpy · « **Reply #5 on:** August 29, 2017, 08:29:17 am »

Thanks for responses so far - until we see what they want us to sign we can't really seek advice from a solicitor but we will involve one if wayleaves are involved as it have to be included in our deeds.

I'm not sure how deep the borehole is but im pretty sure it isn't very deep - I do know that it has run dry in the time we have been here. Just recently the council came and took samples as the then owner reported that the water was green and fizzy!! The sample they took wasn't green or fizzy and I'm not sure what the results were.

The current owner could afford to bring private water in and probably will if he intends developing the steading. He'll then need a wayleave to run the water through our land anyway or other neighbours land.

harmony · « **Reply #6 on:** August 29, 2017, 10:17:36 am »

I would agree that legal help will be needed when you are presented with a document to sign. Your neighbours should pay for that. These type of documents are common place and a solicitor would advise you not sign without reading and may suggest the detail it should contain but I shouldn't think he would advise you not to sign at all.

Denying someone the means to access their water supply to test it or maintain wouldn't seem neighbourly to me and certain to cause bad feeling. The alternative is still going to result in pipework etc coming across your property from what you say and the work needed to provide a mains supply will cause you disruption, damage etc. Easements would be needed for that too.

There is possibly some established right for the bore hole as no-one objected at the time and any easement would merely be legalising that situation. You could write in that you won't allow any further bore hole on your property.

You could discuss the borehole depth and suitability for the number of dwellings/people and whether it is adequate. It would seem from what you say it is not. Does your supply run dry at the same time?

Scotsdumpy · « **Reply #7 on:** August 29, 2017, 10:42:05 am »

Harmony, thanks for your reply - we don't mind the borehole on our land and, as its been there for so long, there will be some legal reason that it stays. Our main concern is that they use the 'right' to this water in the future and start drilling for more water on our land. Since the majority of boreholes and wells were dug/sourced a sitka spruce plantation was created and is now over 25 years old. These trees must be having an impact on the groundwater and future supplies.
We would never stop them coming on our land to maintain or test the water we just don't want our water compromised if they try to extract more from our land.

I'm sure it will all work out fine in the end it was just the scottish law regarding private water supplies.

bj_cardiff · « **Reply #8 on:** August 29, 2017, 01:47:27 pm »

Why was the borehole sunk on your property and not on your neighbours own land? I think I'd offer to sell them the land its built on and be done with it. Having someone own the borehole on your land sounds like a legal nightmare if something goes wrong, or it gets damaged. I definately wouldn't formalise the arrangement without a considerable payment for the easment. The person selling the property will get more for it with an easement in place and all you could get would be hassle - what if the person who brought the house was a nightmare to deal with?

Scotsdumpy · « **Reply #9 on:** August 29, 2017, 02:16:13 pm »

Hi BJC I think it was done by someone with a bit of a attitude to be honest. However, what is done is done and I'm trying to get opinions as to the way forward. It would seem that the current owner would offer financial reward - he's already offered to maintain the track for an unspecified amount of years for a signature. I hadn't thought of selling the bit of land the borehole sits on but that wouldn't solve the issue of him extracting water and leaving us without.

we'll just have to wait and see what the easement/wayleave involves and take legal advice. The laws in scotland are different tothe rest of the uk when it comes to the right to water.

Still playing with tractors · « **Reply #10 on:** August 29, 2017, 04:14:19 pm »

A wayleave is the right to have a piece of apparatus within land ownership other than your own with a series of caveats covering access for maintenance purposes only.

This would not cover for example a new borehole only the maintenance of the pipe and pump. Anything in a new location would not be covered. I would suggest a land agent in the first stage at the other guys cost.

Either way you will be left with a burden that would be passed on within your deeds.

All of the above should be the focus, with a clause where by if the supply is used for any other property a further wayleave payment would be paid, this would be the norm, should you agree to it

All of the above is valid in Scotland, if you need any further help PM me