Covenant re Water Supply

FarmerJones

Hi
Up until last summer we shared a water supply (ground run off to a spring) with two other properties. 3 in total. In our property deeds there's an agreement that states that all three parties are responsible for the maintenance (financial I guess) of the spring should it need repairs, or even to drill a new supply etc.

Due to one of the other two properties consuming significant amounts of water and the fact we ran out for a few days last year, we drilled our own bore hole and have now provided our own water supply.

We don't take water from the original shared supply anymore, despite the fact that its still flowing into our original holding tank.

I have spoken to the neighbours requesting that they switch off the supply to our property, but this hasn't been carried out.

I want to formally inform the neighbours that we are no longer using the shared spring for our water supply, and therefoe are no longer liable for its maintenance.

Would a letter to the neighbours (via recorded delivery) suffice, and if and when we sell the property, we change the deeds?

Ta

FJ

chappers

I doubt it as you are also affecting the title deeds of two other properties . How is the covenant worded are each of the properties specifically mentioned, by nam, or is it a bit more vague.
A quick chat with adecent conveyancing solicitor would tell you how to procede

FarmerJones

The three properties are named on the deeds. Its very clear on the deeds that each of the three properties are equally responsible for the maintenance & upkeep of the spring or equally responsible to drill a new bore hole should the spring run dry.

The deeds date originally to the 1950's when ther was two properties using the supply. In the 1990's a new farm was built and that takes its supply from the spring. The deeds where altered to this effect.

I think the spring is just about capable of supplying three properties, and a massive holding tank was installed around 2005.Our supply ran dry last year for 2 or 3 days at a time over 3 or 4 months, so we drilled a bore hole etc. The reason we ran dry is that one of our neighbours has recently (last spring) installed a new massive barn, and keeps live stock in it. His agricultural demands upon the water supply have, in my opinion, out stripped the springs capability, as he has gradulally increased his consumption over the years. (Remember it went from two cottages, to two cottages and a farm, to two cottages, a farm and a massive barn....)

My concern is that this year (or next) the spring will run dry, and I'll be asked to contribute to a new bore hole, which I won't use.

Hence my posting....

FJ

poppysarah

The words are important - does it mention residential use only?

Running a business from a residential supply is obviously unfair.

You should check the legal requirements about water testing (although I think it applies to the number of properties supplied - but might mention livestock)

I would take the angle his business is using a lot more of the water so his business should be paying a lot more

Judith_W

I agree about the issue with agricultural use. I'm not sure that the fact you no longer use it means you are no longer liable for upkeep, you should really have got yourselves legally removed from the liability before boring your own hole.

Richard_Webster

We are all in the dark and it is all speculation without the precise wording involved.

On the face of it without seeing the wording I would say that you are still liable, but there are factors such as whether the one-third is of the cost of maintenance of a supply to "residential properties" or is vaguer.

You may have to get the covenants and rights altered by deed of variation. Go and see a solicitor.