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Re: How do water rights work?
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Posted by Matt from CT on June 28, 2007 at 07:54:11 from (76.231.247.71):
In Reply to: Re: How do water rights work? posted by georgeky on June 28, 2007 at 07:33:42:
Just watch out for Adverse Possesion, too -- i.e. if you've always let your neighbors cross your land, they've established a legal right of way were none had been formally granted. The rules for that, and how to avoid it, vary from state to state. As I understand it, developers are trying to put in decent size development in the town south of me, but one of the neighbors has a described right-of-way across the property in an way that is exceedingly inconvienent for the developers and is using it to inflict maximum pain on their plans. IMHO, there's no way in heck I'd give or sell water rights unless there was some mutually needed -- I get a Right of Way across your land to get to mine, I'll give you water instead. I suspect a lot of the old water rights were stuff people granted because they wanted to sell some land, and they had to give water with it to make it valuable. If it doesn't affect the rest of your property, offer to sell him the land with the springs...for an appropriate premium. Or if you have the resources, offer to buy his land...discounted appropriately for it's lack of water. Or offer to sell your whole property at a premium. It's not about screwing your neighbor, it's about not screwing yourself or someone who buys your land down the road.
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