Water rights on a farm, explained

On most farms, water is worth more than the hectares. A beautiful piece of land with no secure water is a liability; a modest one with a registered right is gold. Here is what to check before you sign.

Who owns the water

Under the National Water Act of 1998, water in South Africa is a national resource — you do not "own" it with the land. What you can own is a right to use it, and the kind of right matters enormously.

The kinds of water you will hear about

Borehole (groundwater)

Often usable under Schedule 1 for reasonable domestic and small-scale use, but large-scale irrigation from a borehole usually needs a licence. Ask for the yield (in litres per hour), the tested depth, and whether it has ever run dry.

Scheme or irrigation-board water

A registered allocation from a dam or canal, measured in cubic metres or hectares of scheduled land. This is the strongest form — ask to see the registration and whether levies are paid up.

River or stream abstraction

Taking water from a river nearly always needs a water-use licence or a registered existing lawful use. "There's a river on the boundary" is not a right.

Existing Lawful Use / registered use

Use that pre-dates the Act and was registered. It transfers with the land but must be verified — ask for the registration certificate and the DWS reference.

Four checks before you buy

1. Get it in writing, with references. Ask the seller for the water-use licence or registration number and confirm it with the Department of Water and Sanitation — not just the agent's word.
2. Confirm it transfers. Some rights are tied to the person, not the land. Your attorney checks whether the right moves with the sale.
3. Check the levies and the meter. Unpaid water-board levies and an unmetered abstraction both become your problem on transfer.
4. Walk the infrastructure. Pumps, pipes, reservoirs and the borehole casing cost real money to replace. See them working, in the dry season if you can.

General information, not legal, water-law or agricultural advice. The binding position for any specific farm comes from the Department of Water and Sanitation (water use) and the deeds office (title conditions), confirmed by your own attorney before transfer.