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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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I draw water from an area owned by an other party. My house

Customer Question

I draw water from an area owned by an other party. My house title deeds specifically say I have water rights. Deeds are 40 years old
I recently built a new house on land purchased from the same owners. I purchase the land about 15 years ago. The title deeds for the land does not specifically mention water, but there was a shed on the land when I purchased it with a water supply which comes off the same pipe as my house. I obtained planning for the house in 2005 and started building then.
After some delay I finally completed the house in 2011
Do I have prescriptive rights for this water supply now?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You do have a prescriptive right to a water supply but only the water supply that exists and used for the shed. Use of the supply for a house increases the servitude right and that is not permitted as it increases the burden on the servient tenement, ie, the owners that sold you the land.

You can either (1) ask for a Deed of Servitude in respect of water, or, (2) continue with the supply to the house and hope that eventually a prescriptive right is established.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.