Selling or transferring a property
When you sell or change ownership of a property, you need to transfer any water shares that come with it.
A water share authorises you to take a specified amount of water each season from a property. This is a water allocation. This could be water from a river, aquifer, spring or soak, or dam – including water for domestic and stock use. It is illegal to take water from these water sources without holding a water share.
When you buy or sell a property, water shares do not automatically get sold with the property.
To transfer water shares, you must use the rural property ownership transfer process. This process also transfers any other rural assets or licenses associated to your property – for example, water use licenses, works licenses and delivery shares.
Property information statement
You need to get a property information statement from us to transfer water shares. This statement provides details about our services to the property.
Anyone can request a property information statement – including conveyancers and solicitors.
A property information statement lists information for the new owner, including:
- types of water services connected to the property
- metering information
- statement of charges
- map showing assets near the property.
There is a fee for a property information statement.
Urban property transfers
For urban properties, your solicitor or conveyancer requests the property information statement. They also give us any other information we need at settlement.
We transfer the property ownership – including any water shares – to the new owner.
Rural property transfers
A water share does not automatically transfer when a rural property is sold or changes ownership. This means:
- you can buy or sell a water share separately from land
- your water share does not have to stay with the property if you sell the land
- your water share is a separate asset that can be mortgaged, just like your land
- you don’t have to own land to hold a water share.
Changing ownership includes:
- internal family transfers
- succession planning
- deceased estates
- family law cases
- mortgagees in possession.
A property ownership transfer specifies whether water shares will come with the property. This gives the new owner legal access to the water. For example, you can sell:
- land with all water services
- land only – excluding all water shares
- land with part of the water share.
You can also associate water shares to a different property.
You need to have the property information statement before the land can be transferred to a new owner.
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