Update on water rights

[Anonymous-0]

Thanks for all of your helpful responses. I like the idea someone mentioned about possibly renting him a spring. That sounds a lot wiser. Thanks for all your help I really appreciated it. BTW probably should not put anything in writing.

 

[Anonymous-0]

I would definitely put everything in writing,with a start and end date,and a per month figure or a per gallon figure. This is not where you need to be neighborly,this is a cut and dried business transaction.Depending on your location,with him drawing water off of your property for an undisclosed period of time,and with nothing in writing,he could end up with an easement to the spring and permanent water rights off of your property.Don't be stupid!

 

[Anonymous-0]

I would also get the agreement in writing, perhaps you have a good neighbor and get along with him but what happens if he dies or moves and the next person who moves in wants to start a water bottling plant with your water? Get it in writing and have a lawyer do it and protect yourself. Dont learn the hard way.

 

[Anonymous-0]

Sunny, You may open up a whole can of "legal worms" here lol. While I DO NOT practice Riparian Law and am unfamiliar with the laws of your state, I can still tell ya this is one of those areas of the law where NOT having any written agreement/lease/contract can be very dangerous n heres why.......

There are legal doctrines such as Adverse Possession and Laches and Easements by Prescription etc etc whereby if you were to set idly by and permit certain types of land use or easements on your property over a certain period of time, the neighbor/user can over time acquire legally enforceable continued rights in your land which you may never have envisioned. Say you openly allowed (with no written agreement) a neighbor to drive over your land for access to his hayfield for the statutory period of time (10 to 20 yrs typical) but then ordered him to stop, the law could bar you from stopping him and grant him the legal right to do so. ALSO say one neighbor did this n sold his land to another, the new owners rights TACK on to the old neighbor and then he might start doing the same thing (or at least get statutory time credit for the period the old neighbor used your land) even if hes a jerk you hate. If the rights or uses of your land or water "run with the land" they are NOT exclusive to any one particular neighbor mind you.

Again, my best free legal advice (not familair with your states laws or riparian law) IS TO CONSULT A LOCAL ATTORNEY WHO PRACTICES RIPARIAN LAW. Its the situation where a few hundred bucks spent now could save you thousandsssssssssss down the road.

Theres nothing wrong with wanting to be a good neighbor or sell or lease or give away your water rights, its just that if the neighbor sells his land you gotta watch out for the new jerk neighbor and take a few cautionary legal steps NOW to protect your rights for your family and your property value way down the road

Best wishes n God Bless

John T Attorney at Law in Indiana

 

[Anonymous-0]

A neighbor who is dependent on YOUR water sounds like a risky idea. If the water stops within the term of the deal are you liable for damages (livestock, crops)? Can your neighbor gain legal rights to YOUR water if you sell or give him access? I would be very careful in even talking to this guy, and only after hiring a good lawyer with experience. People have died over water rights. It's probably not a simple matter but has all kinds or legal angles common folks aren't aware of.

Selling some water if available is the angle I would pursue.

 

[Anonymous-0]

God, you've had a Lawyer tell you in both posts to watch out, and you still want to deal with a neighbor to cheap to drill his own well.
You deserve to get the sh%tty end of the stick.

 

[Anonymous-0]

i have 30 acres neighbor has 40 acres the only way neighbor can get to the 40 is down my lane access was given by a previous owner.
it is a pain in the azz! i pay taxes on it and can't even use it to pasture my cows. as it would limit neighbors access to the 40.
i hope the day comes when i can buy the 40 and use the way i want.

 

[Anonymous-0]

"have 30 acres neighbor has 40 acres the only way neighbor can get to the 40 is down my lane access was given by a previous owner.
it is a pain in the azz! i pay taxes on it and can't even use it to pasture my cows. as it would limit neighbors access to the 40."


You did realize that when you bought the property, correct?
Then all you can do is complain but you don't have a leg to stand on legally. Better off just getting along as he has the law on his side.

 

[Anonymous-0]

yea i knew all that just didn't know what a pain this could be.
that's why i posted what i did.
the guy that rents the ground is a good guy just i would like something out of it too.