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If you are buying agricultural land, water rights on agricultural land can be an important part of your due diligence. Water may be relevant to livestock, irrigation, drainage, fishing, land management or other uses, but the fact that water is present on or next to a property does not automatically mean you have unrestricted rights to use it.
Before buying, establish what water features are included with the land, what rights exist and whether any restrictions or obligations could affect your intended use.
What should buyers check about water rights on agricultural land?
Check the title, rights affecting watercourses, ponds and other water features, existing water supplies, abstraction arrangements where relevant, drainage responsibilities and any agreements or restrictions affecting the property.
The precise position depends on the land, the water feature and how the water is intended to be used, so professional advice may be appropriate before completing a purchase.
Why are water rights important when buying agricultural land?
Water can have significant practical value to an agricultural holding.
For example, you may need water for:
- Livestock
- Irrigation
- Growing crops
- Gardens and horticulture
- Land management
- Fire protection or other operational purposes
A stream, pond, ditch, borehole or other water feature may therefore be an important part of your decision to buy the land.
However, its presence alone does not establish what you are legally entitled to do with it.
1. Start by identifying the water features on the land
During your inspection, identify any water features associated with the property.
These could include:
- Streams
- Rivers
- Ditches
- Ponds
- Lakes
- Springs
- Wells
- Boreholes
- Private water supplies
Establish whether each feature is actually within the property being sold and whether any part of it lies on a boundary or crosses neighbouring land.
2. Check the title and legal documents
The property’s legal documents can contain important information about rights affecting water and drainage.
Your solicitor should investigate the title and relevant documents for matters such as:
- Rights benefiting the property
- Rights benefiting neighbouring land
- Drainage rights
- Rights to use or access water
- Rights of way to water features
- Restrictions affecting use
- Existing agreements
This is particularly important where your intended use depends on a specific water supply or water feature.
Water on the land does not automatically mean unlimited water rights
A pond, stream or other water feature may be physically located on a property while rights affecting its use, access or management are shared with or reserved for others.
3. Understand what you need the water for
Your requirements will depend on your intended use of the land.
For example, the questions may be different if you want water for:
- Livestock drinking
- Crop irrigation
- Horticulture
- A fishing lake
- A private water supply
- General land management
Before buying, establish whether the existing arrangements are actually adequate for your intended purpose.
4. Check existing water supplies
If the property already has a water supply, establish how it works.
For example, the supply might be mains water, a private source, a borehole, spring or another arrangement.
Consider:
- Where the water comes from
- Which parts of the property it serves
- Whether the supply is shared
- Whether equipment is included in the sale
- Who is responsible for maintenance
- Whether there are existing agreements or restrictions
If water is essential to your plans, investigate the supply before committing to the purchase.
5. Be careful with irrigation assumptions
Irrigation requirements can be very different from simply having access to water for livestock or domestic use.
If you are buying land specifically for irrigated agriculture, establish what water source is available and whether the proposed use requires additional permissions or regulatory approval.
The Environment Agency regulates water abstraction in England, and abstraction activities can require an abstraction licence depending on the circumstances.
Similar regulatory arrangements apply elsewhere in the UK through the relevant environmental regulator.
Do not assume that a nearby river, stream or pond can automatically be used as an irrigation source.
6. Check whether there is an abstraction licence
If the land currently has an abstraction arrangement, establish what it relates to and whether it is relevant to your proposed purchase and use.
Where an abstraction licence or other regulatory permission is relevant, obtain professional advice on the position before relying on that water source as part of your business or land-management plans.
The Environment Agency provides guidance on abstraction licensing in England, including when permission may be required.
7. Investigate ponds and lakes
A pond or lake can be an attractive feature of agricultural land, but it can also create management responsibilities.
Check:
- Who owns the water feature
- Whether it forms part of the title
- How it is supplied
- How it drains
- Whether others have rights over it
- Whether there are maintenance obligations
- Whether there are environmental or planning considerations
If you are buying a lake specifically for fishing or another commercial use, additional investigation may be appropriate.
8. Check drainage responsibilities
Water rights are not only about obtaining water. They can also involve managing water that flows across or away from the land.
Investigate:
- Ditches
- Culverts
- Watercourses
- Field drains
- Outfalls
- Shared drainage infrastructure
Establish who is responsible for maintaining any important drainage features and whether neighbouring land depends on them.
9. Consider watercourses crossing boundaries
Streams and ditches can form or cross property boundaries.
Where a watercourse is associated with the boundary, establish the legal position before assuming that the whole feature belongs exclusively to you.
This is another reason to compare the physical features on the land with the title information and obtain appropriate legal advice where necessary.
10. Check environmental considerations
Watercourses, ponds and wetlands can have ecological importance.
Depending on the property, you may need to investigate:
- Protected habitats
- Protected species
- Environmental designations
- Water quality
- Flood risk
- Potential impacts of proposed works
This can become particularly important if you intend to alter a watercourse, construct a pond, change drainage arrangements or undertake other works near water.
11. Consider flood risk
A water feature can add value to a property, but proximity to water can also create flood-related considerations.
Investigate relevant flood-risk information and look at how water behaves across the property.
Do not rely solely on the appearance of the land during a single site visit, particularly if the purchase is being considered during dry weather.
12. Check who maintains the water infrastructure
Water-related infrastructure can require ongoing maintenance.
Depending on the property, this could include:
- Pumps
- Pipes
- Water troughs
- Storage tanks
- Drainage ditches
- Culverts
- Water treatment equipment
Establish which equipment is included in the sale and who is responsible for maintaining shared infrastructure.
13. Don’t assume historic use creates a permanent right
A seller may explain that water has historically been used for irrigation, livestock or another purpose.
That information can be useful, but you should establish the legal and regulatory basis for the use rather than relying solely on historical practice.
If your purchase decision depends on continuing that use, ask the appropriate professional to investigate it before you commit to the purchase.
14. Consider the value of water to your purchase
If water is a major reason you are interested in a particular parcel of agricultural land, it should form part of your overall assessment of the opportunity.
For example, the availability of a reliable water supply could be particularly relevant to a buyer interested in horticulture, livestock or irrigated agriculture.
But you should value the water based on what you can legally and practically use rather than simply assuming that a visible water feature adds a particular amount to the land’s value.
Assess the whole water position
Water source + legal rights + regulatory position + infrastructure + reliability + maintenance + intended use
Looking at all of these factors gives you a more realistic picture than simply noting that the property has a stream, pond or borehole.
15. Get professional advice where water is important
If water is central to your reason for buying the land, consider obtaining appropriate professional advice before committing to the purchase.
Depending on the circumstances, this could involve:
- A solicitor
- An agricultural specialist
- A suitably qualified surveyor
- An environmental specialist
- A water or abstraction specialist
You do not necessarily need all of these professionals. The appropriate advice depends on the property and your intended use.
Find agricultural land that matches your requirements
If access to water is an important part of your land search, make this clear when defining what you are looking for.
You can browse land for sale across the UK, including agricultural land, farms, smallholdings and other rural opportunities.
You can also tell Your Landstore what land you’re looking for and include your requirements when registering your search.
Where there is a suitable match, you can receive an email alert from the day the land is listed.
Looking for agricultural land with specific requirements?
Tell us where you want to buy, how much land you need and what features or facilities are important to you, and we’ll consider your search when suitable land comes to market.
TELL US WHAT LAND YOU’RE LOOKING FOR →Frequently Asked Questions
What are water rights on agricultural land?
Water rights can refer to legal rights and arrangements relating to the use, access, management or drainage of water associated with land. The precise position depends on the property and the relevant legal and regulatory framework.
Can I use a river on my land for irrigation?
Not necessarily. Having a river or stream on or beside your land does not automatically mean you can abstract water from it for irrigation. Depending on the circumstances, abstraction may require regulatory permission.
Can I use a borehole on agricultural land?
A borehole can provide a water supply, but buyers should establish the legal, regulatory and practical position before relying on it. Investigate the existing arrangements and any permissions or restrictions that apply.
Who owns a stream running through agricultural land?
The ownership and rights associated with a watercourse depend on the particular circumstances and title arrangements. If ownership or rights relating to a stream are important to your purchase, obtain appropriate legal advice.
What should I check when buying agricultural land with a pond?
Check that the pond is included in the property being sold, how it is supplied and drained, whether anyone else has rights over it, who is responsible for maintenance and whether environmental or planning considerations affect your intended use.
Can water access affect the value of agricultural land?
It can be an important characteristic where water is relevant to the intended use of the land, but its value depends on the particular circumstances. Buyers should consider the legal rights, reliability, regulatory position and practical usefulness of the water supply.
