Thread: Sharing a bore

Originally Posted by do-it-dog

We recently bought a couple of acres (as you might know from elsewhere in this forum) planted in olive trees. The previous owner also owned the house next door. He had set up about $10,000 worth of bore, pump and irrigation system on our land to irrigate the olive trees but also had some feeder hoses from the irrigation system to water around his house as well.
The new owners of the house want to continue to use our bore etc to water around their house.
I dont' know what sort of arrangement they've got in mind but I've got an uneasy feeling that sharing a bore might be a recipe for a neighbour dispute sometime down the track. I'd rather not get involved. Or is this a fairly common situation in the country?
What do you reckon?

Your bore your land, you paid for it when you purchased the property
The new owners next door need to come to an agreement with you, what ever it is I would have it in writing.

Warrick

Simple agreement that they purchase water from you at the standard council supply rate, when water is available. (Cover you for none supply when equipment down)

Common in rural areas where the farm house has been sold off separate to the property.

No idea how it works in the country areas, but being a city bloke (who can't trust his neighbours as far as he can throw them) I'd say you're just asking for problems with an arrangement like that. As was said, you bought the land, AND the bore. If they need one, then they'd better go sink their own.

How are you going to manage disputes when the 'gentlemens agreement' of them not to use 'too much' ends up with their definition of 'too much' disagrees with yours, or they think 'sufficient supply' equates to Warragamba Dam, and yours is a bucket or two?

what happens when watering 'around their house' extends to watering a horse or 2, or 'just a couple of fruit trees we just planted (and then a couple more, and then a couple more)'....??

They'll never fully agree with your assesment, and that equals arguments in my book, so I'd say, sorry mate, no legally binding existing agreement = no access.

Bearing in mind, a simple conversation can be argued as being a legally binding agreement. So if you tell them 'it's ok for a week or 2' then choose not to extend that offer, they have recourse to argue a contract allowing access.

A minefield of problems if things go belly-up. Just don't go there in the first place.

I'm not sure what water you allowed from the bore.

Its common if for domestic, livestock, trees to be allowed 2.5 mega litres a year in NSW.

You actually need a permit to have the bore so check that the correct paper work was filled when installed, I forget the nsw Govt dept.

Its in your best interest to have neighbours on side in a rural setting.

So I would have a chat to see what they are thinking.

If they think they should be allowed to access the water, it might be a quick chat, but if they appreciate what a huge benefit the bore is and their requirements are not too great I would consider their request.

Yes at some mutual agreeable terms; with water metre at their cost.

At some stage down the track you may suggest initially that its fine but look at other arrangements later.

Or you may consider they pay you for half the cost of the bore and split the electricity and maintenace.

I would also be checking with those who installed it the depth and chance of it running dry [2.5 mega litres is not great].

In my setting I would not be too worried about sharing as I would not need 2.5mg litres.

20,000 litres of water from town costs $200 to the property.

Good Luck

Pulpo

Thanks for all the great info! Yeah any agreement will be in writing. I'm thinking at this stage to give the neighbour access to the bore and existing irrigation system (in wiriting) until sometime in the future when we'll be changing the irrigation system to best suit our own needs and sharing the bore might no longer be practical.
I like the idea of charging council water rates (which I guess is the 20,000 litres = $200 that you mentioned Pulpo?). And I'll also be checking to see what the chances are of the bore running dry.
Thanks DavidG for the tip - good to hear this is a common rural situation.

I looked at a property once where there was a creek that run through several steep properties everyone had 19mm poly pipe gravity fed into tanks from somebody elseses property up the hill. So no pumps every one happy. My brother irrigates from a creek and pumps through his neigbours place in return he runs rain water in to a tank on the top of their property to gravity feed their house.
Yours is a lot different you have a lot to loose and perhaps $'s to gain. Certainly time limit any contracts in case things change in the future.