Property · Knowledge Hub

What are water rights when buying rural or regional property?.

Reviewed 12 Oct 2026
Short answer. In Victoria the right to use water and to hold water shares is governed by the Water Act 1989, and water shares are recorded separately on the Victorian Water Register, where the Registrar of Titles is also the Registrar of Water Shares. Water entitlements do not automatically pass with the land, so a buyer of rural or regional property needs to check what water rights, if any, are included.

Water is managed separately from land in Victoria. The right to use water and to participate in water share schemes comes under the Water Act 1989, and ownership of water shares is recorded on the Victorian Water Register, with the Registrar of Titles also acting as Registrar of Water Shares.

Because water entitlements are a separate form of property, they are not bundled into the land title, so a buyer who assumes a farm or rural block comes with its historical water allocation can be mistaken. The contract and the water register both need to be checked to confirm what is included, and dealing with water rights has its own forms and processes through the Victorian Water Registrar.

This is the kind of matter CMK Legal's property and conveyancing team handles.

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Water rights can be valuable and may be held or traded separately from the land, so they should not be assumed. The contract should make clear whether any water share or entitlement is part of the sale.

Law referenced: Water Act 1989; Victorian Water Register.

Disclaimer: This information is general only and is not legal, accounting, financial or tax advice. Laws and regulations change and this content may become outdated. Do not rely on it without obtaining professional advice tailored to your circumstances.

Buying rural or regional land?.

Have the water rights and title checked by a CMK Legal property lawyer.