Shared water use from a spring
#1
Thread Starter
Forum Regular

Joined: Jan 2021
Posts: 41

Shared Water
We bought a house that has water constantly running from the farm of the man we bought it from. It turns out it runs into two tanks in the same garden above ours on the hill. Last year in August there was a stream running across our garden and the year before when we looked at the house the same sedges growing in the garden in August.
This year the water stared to fail. A woman who gardens in a holiday home but does not own the house has stated using all the water irrigating twice a day using something like 21,600 litres a day she drains two tanks twice a day after they fill. So we get none. Unless she has better things to do so does not go there that day. The week before last we just managed to fill the tank by using mains water on the veg. Last week no water for five days. The tank will stagnate and we would like our niece to swim in it next week. I intend to find out if there's anything in the deeds relating to the water and contact the seller who's land it comes from. I've left three polite notes and involved a neighbour who can talk to her if she's there when he is. Today I went up she was there I mentioned Agua and she started shouting at me.
The other option and my real question is I intend to stop the water running into our tank when it starts again if I don't get help from reasonable requests or legal recourse. She is welcome to the water which runs at 900ltrs an hour, Stopping it our end will cause chaos further up the hill. So my question really is ,is this legal the water flows onto our property but if we don't want it we don't want it. I used to run a nursery so am well aware of water use and the chaos too much water with no where to go can cause.
Thanks
Eddie
We bought a house that has water constantly running from the farm of the man we bought it from. It turns out it runs into two tanks in the same garden above ours on the hill. Last year in August there was a stream running across our garden and the year before when we looked at the house the same sedges growing in the garden in August.
This year the water stared to fail. A woman who gardens in a holiday home but does not own the house has stated using all the water irrigating twice a day using something like 21,600 litres a day she drains two tanks twice a day after they fill. So we get none. Unless she has better things to do so does not go there that day. The week before last we just managed to fill the tank by using mains water on the veg. Last week no water for five days. The tank will stagnate and we would like our niece to swim in it next week. I intend to find out if there's anything in the deeds relating to the water and contact the seller who's land it comes from. I've left three polite notes and involved a neighbour who can talk to her if she's there when he is. Today I went up she was there I mentioned Agua and she started shouting at me.
The other option and my real question is I intend to stop the water running into our tank when it starts again if I don't get help from reasonable requests or legal recourse. She is welcome to the water which runs at 900ltrs an hour, Stopping it our end will cause chaos further up the hill. So my question really is ,is this legal the water flows onto our property but if we don't want it we don't want it. I used to run a nursery so am well aware of water use and the chaos too much water with no where to go can cause.
Thanks
Eddie
#2
This is deep legal property rights stuff; you need to consult with a lawyer first, then your camara.
I wouldn't go to the camara first because if they say no, it will be very hard to reverse that.
there is a LOT of law regarding water rights, because this is one of the most common arguments in the world.
It's likely you'll need to go to court.
I wouldn't go to the camara first because if they say no, it will be very hard to reverse that.
there is a LOT of law regarding water rights, because this is one of the most common arguments in the world.
It's likely you'll need to go to court.
#3
Thread Starter
Forum Regular

Joined: Jan 2021
Posts: 41

Thanks Liveaboard I didn't want to make the Lawyers richer.
Common sense seems to have prevailed I'm now getting a top up in the tank twice a week about between four and six hours at a stretch, more than enough for my veg. Quite why she requires such vast amounts is beyond me. As is why the water started running again maybe a neighbour had a word or the guy who owns the farm the water flows from.
Regards
Eddie
Common sense seems to have prevailed I'm now getting a top up in the tank twice a week about between four and six hours at a stretch, more than enough for my veg. Quite why she requires such vast amounts is beyond me. As is why the water started running again maybe a neighbour had a word or the guy who owns the farm the water flows from.
Regards
Eddie






