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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2681
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I am in the process of having a water borehole drilled on my

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I am in the process of having a water borehole drilled on my land in Cape Town, South Africa, it is about 3 meters away from my neighbour's boundary wall. He has approached me with a request to share the water from the borehole with him if and when required. He is prepared to share in the cost of drilling the hole and paying a monthly fee for water used. Can this be agreed with my neighbour in a written agreement as long as we live next to each other? Thanks
JA: Is there an easement or public access on the property line?
Customer: No, the borehole is on our driveway as one enter our erf/yard and there is a wall between us and our neighbour.
JA: Has anything been filed or reported?
Customer: No but I will have to register the borehole with our local municipality as we are required to put up a sign that we are using groundwater.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, we are really just looking for advice on if such an agreement can be drawn up between 2 willing parties and if there are any legalities to consider in the process.

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Hi there,

My immediate reaction would be that you cannot sell borehole water. Water usage and the selling of water is rather strictly governed by laws and regulations.

I would advise you to get the approval from the municipality to sell water to your neighbour. I know that in the Nelson Mandela Bay municipality some people have received fines for selling water from boreholes.

You can maybe consider linking a tap to the borehole pump to your neighbour and then ask him to contibute only to the costs of boring and the costs of the electricity used to pump the water out of the borehole, but to be safe, you should get permission from your municipality.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard and other South Africa Law Specialists are ready to help you
Customer: replied 2 months ago.
Thanks for the answer. Apart from getting permission from the municipality it may then be the best to settle on a once off amount for a pre-determined period for boring and equipment, rather than agreeing on a monthly fee for the water used?

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

Well, yes, but then it would still be selling water, and you could still find yourself on the wrong side of he law.

Regards