South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I am in the process of having a water borehole drilled on my…

I am in the...

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

Lawyer's Assistant: Is there an easement or public access on the property line?

No, the borehole is on our driveway as one enter our erf/yard and there is a wall between us and our neighbour.

Lawyer's Assistant: Has anything been filed or reported?

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.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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.

Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 7 minutes by:
8/18/2017
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

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

Ask Your Own South Africa Law Question

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
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 year 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

Ask Your Own South Africa Law Question

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

Regards

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
2,820 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,820 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
We live in a close, our house is at the back...We put up a
Hi there, we live in a close, our house is at the back...We put up a wall on our boundery in front, facing our neigbors, but mostly the few from the road.. Can they now raise their wall againsr ours? … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
This is a question about servitudes. We have a borehole on
Good day, this is a question about servitudes. We have a borehole on our plot. A neighbour on a plot one-removed (no common boundary, about 400m away) wishes to obtain a praedial servitude on this hol… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
There is two lanes (which are servitudes / right-of-way)
Hi there. There is two lanes (which are servitudes / right-of-way) running between our house and our neighbours home. We own both lanes, and there is a wall separating the lanes. We are in the process… read more
Barendb
Barendb
Master's Degree
777 satisfied customers
Good morning. I have made a hole in my wall to allow overflow
Good morning. I have made a hole in my wall to allow overflow rain to run into my neighbours property (with their permission) They are now going to block this hole and say I must build a french drain.… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,820 satisfied customers
My neighbours are building a flat next to our shared boundary
My neighbours are building a flat next to our shared boundary in Cape Town. Our property is on the outer edge of a 90 degree bend in the road. We signed off on our neigbour's building plans, but warne… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
We have a property which is buy T on a sle. At the bottom
We have a property which is buy T on a sle. At the bottom of garden is another propery. Boyhood houses were built many years ago at a tome when the authorities were quite relaxed. There is a wall betw… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
We just had plans drawn up to add a new swimming pool to our
We just had plans drawn up to add a new swimming pool to our property. The architect noticed that our boundary wall was built on a servitude line and therefor there is a 4.25m open space between our p… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I want to extend the one boundary wall to 2m. Problem the smooth
I want to extend the one boundary wall to 2m. Problem the smooth side of the vibracrete on both sides of my property faces the adjacent neighbours. So i suspect that they errected in prior to me purch… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
Good Day I have a query with regards XXXXX XXXXX in a residential
Good Day I have a query with regards XXXXX XXXXX in a residential property. What is the distance allowed between the two neighbours boundaries? As i am having a current problem with my neighbour as he… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
I need to establish what by-laws are applicable to ground water
I need to establish what by-laws are applicable to ground water and seapage of water in the Johannesburg Metropolitan, Thank you.… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
We have just found out that our neighbour is using a borehole
We have just found out that our neighbour is using a borehole on our property, that we were not informed about by the estate agent. the neighbour has in fact been kindly providing us with water from o… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
To whom it may concern I have had a dispute with my neigbour
To whom it may concern I have had a dispute with my neigbour for a number of years regarding electricity and water bills. My late husband and the person in question purched a residential property toge… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
My Neighbor has an outbuilding that is attached to his main
My Neighbor has an outbuilding that is attached to his main house but is built using the boundary wall so that the roof timber supports actually protrude through the wall on to my side into my back co… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I have a property undeveloped land purchased in about 1984.It
I have a property undeveloped land purchased in about 1984.It is on a farely steep downwards gradient from the road level. Below the property the neighbour had erected a vibercrete wall when he built … read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
This is about acquisitive prescription or adverse possession.
This is about acquisitive prescription or adverse possession. We live in a small seaside town at the West Coast. Our house was built in 1975, we occupied it since 1986 and bought it in 1987. We are wi… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
Dear Sir/Madam, I am active in the little community of Steytlerville
Dear Sir/Madam, I am active in the little community of Steytlerville in the Eastern Cape. The first issue regards XXXXX XXXXX fence that was erected between a farm called Vaalheuwel and the municipali… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
What are the laws when sub-dividing a property that has a thatch
What are the laws when sub-dividing a property that has a thatch roof 2.5m from the boundary wall? We are looking at sub-dividing our property, but have been told that with a thatch roof you need to h… read more
JP
JP
Bachelor
590 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x