Rights to access to private water (a well) in Scotland

[jollygreen]

Hi, I wonder if anyone can help me?

I've bought a property which has a private water supply - a well. I want to convert a barn on my land to a new house and am in the process of getting planning permission.

I have proven that there is sufficient water to supply the new property but the farmer who owns the surrounding land has complained that he takes water from the same spring (via a well on his own land) and if we take water from our well for the new house, he might not have enough to feed his sheep and cows. he is threatening litigation.

The planning department are going to grant permission and make a statement confirming that the water rights are a private matter.

Does anyone know how Scots law treats this scenario?

Thanks in advance!!

[buildersmate]

Interesting. The easement he is claiming is known as Rights of Water - there are many different types as you probably know. I thought such a right applied to water extracted from a river flowing through one landowner's property which then flowed onto the next landowner. This isn't your situation - how can he claim the groundwater you extract would have otherwise 'popped up' in his spring anyway. Landowners don't own the rights to all the earth beneath their land (to the earth's core?!) - I know this because I have come across LR legal title to stone mines where the LR ownership on the surface is entirely different. From memory, the owner on the surface owned the first 12 feet down. Just a few random thoughts for others to shoot down.

[jollygreen]

Thanks for that mate, i've done a bit of research on t'internet but haven't really found anything of much use... I'll keep you posted.