Well NOT if there is NOT a clear water right and legal easement for the water keeping the pond full. If there is not a water right and a proven easement then you may not get to keep the pond after you close.
Even if you have a Legal water Right, there may be folks up stream who feel that you do not have a right to the water and can make your life quite stressful.
Also you can have a legal water right from a stream you don’t live on, or from a diversion point on someone else’s property and you don’t have a legal easement for the water to cross the property then the water right is of no use without Full cooperation from that land owner.
If there is not a proven – legal –recorded document that gives you a Right to This water then you do not have a right to use it.
This water right must be in no way disputed by anyone up stream from you in any way then you may have a right to use it. The water in the Pond comes from somewhere and whether it be a State Agency or an up stream neighbor, someone may have a legal or another issue that will prevent you from using this water.
The Realtor, listing agent, often times does NOT even look for this issue. They see a pond or take the Sellers word for it that it is a pond that will stay even after this current Seller sells. And the Realtor does not research any disputes – why would they and even if they do find a prove a water right to you, they may not prove the easement you may need over your neighbors property to get this water.
Oftentimes a neighbor will let someone use water across their property for decades but when a new buyer buys, they cut the water off. You, as a buyer have to make sure and to prove that this water will be there after you buy. This is VERY important and can affect your life in many more ways then you will understand during closing. Don’t let anyone else find this stuff our for you, you find out for yourself.
If they say it is Spring Fed prove it, if it is fed by a creek or river prove the right to use that, if the water comes in from a ditch find out what body of water the source is from and make sure that you have a right to use that water.
Just because there is ponds does not mean they are there legally or that you will be able to keep the pond. Find out before you Sign, don’t believe the Realtor on Either side of the Transaction, don’t believe the Seller, don’t believe the Title Company or anyone getting paid based on the closing of the real estate transaction.
Make sure there is Legal Recorded support data to prove your right to use this water. In Some States water rights run with the land, still these pointers for buyers are valid for these situations as well. Even if the Water Rights run with the Land this does not mean that the neighbor upstream won’t cut your water off for some reason or purpose of their own.
Proving Water Rights in Rural Areas
TO Research Water Rights you can go to online websites such as Water Rights Searches for your state or county of interest, search for DNRC or State water boards or call the local water rights or water quality agency for direction on where to find this information.
The title company may point you in the right direction, but get and prove the information yourself. Water Rights Research and Your Quality of Life are often times directly related. It Does not Matter how much documentation that you have to Prove a water right if the neighbor does not think you have the right, or is not willing to honor an easement your life could be miserable.
Water Rights is a VERY big deal in Rural Areas. People take it seriously and many fight for decades and even can end up in fatal fights. Either way, Right or Wrong, If there is a water rights issue with the property you are going to buy - I suggest you walk away.
Yes you can Fight, and Enforce it - I mean if the Right is there and the law is on your side then you may choose to do this. However, in my experience the person with the Legal Right usually loses to the person who lived there longer, and years pass fighting where your quality of life is SERIOUSLY affected.
If you have never been in a water rights situation that has been a constant fight then you make think this a trivial legal issue that will easily be handled in the courts. However, I have seen neighbors fill in Legal Ditch Easements, Put Boards in to Stop Water, I have seen new buyers drive up to the home of people upstream and threaten to Kill them.
New Buyers who had bought downstream and got into a water right battle that was already 10 years old and demanded water be let up a ditch that had been in dispute in the water courts for all of those years.
The Buyer had no real right, for those downstream had a legal water right off of the main stream in which the ditch for their water came off of, the PROBLEM was they did not have an easement over the land owners property upstream for the ditch, therefore they had no way to access the water that they had a legal right to.
Buyers Tips to Avoid a Negative Situation with Water Rights.
Get Documentation that The Water Right Exists, if this is not in the name of the Seller that you are buying from then make sure that whose ever name it is in is willing to transfer to you. Make sure you see proof of an existing easement for water to get to your property or pond, this may be on the title report for the neighboring property – make sure that the title company gives you proof of this. Talk with the neighbor – tell them your thinking of buying next door and ask them about the water – if there is going to be stress – tension or any kind of an issue, NOW is the time to know before you sign – before everybody gets paid.
Can you Put Fish in the Pond ?
Again DO NOT listen to those who are getting paid for ANY reason from your contract based on the contract closing. Check with the local Fish, Wildlife and Parks. You need to have special permits and having fish in a pond is not necessarily legal. The Realtor and Seller can Say whatever they like but you need to prove it independently of them.
If you buy excited about being able to have fish in your very own pond than you may be unhappy later and this is NOT something that is easy to Sue over after the fact. So make sure that you can legally have and stock fish in the pond - and do NOT let the Realtor or the Seller get the information for you.
Can you Use the Pond to Irrigate
If you are told that you can use a pond to irrigate your field, garden or crops - make sure that there is or has been filed a water right on that pond. Never assume you can use it, even if the Current Seller is using it.
The Seller or Realtor may show you an unrecorded water right. Make sure with the local water rights bureau, DNRC or whatever it is called in the town or county that you are interested in buying in that this water right is legit.
The lack of follow through with the previous owner, the lack of verifying data by the Realtor and the Title Company - Closing agent getting spoon fed their information by the real estate agents leads to you the buyer needing to make SURE you really have a Right to Use that Water and that You can use it without your life being a Daily War.
Find out BEFORE you sign, because after you sign Everybody is Paid and Justice is Years OFF if it Ever comes and Judges can hold cases in rural areas for years, Realtors Insurance will keep you in court for years and Seller run away with the money… BEFORE you Sign Make Sure of the above Water Rights issues.
Even if you have a Legal water Right, there may be folks up stream who feel that you do not have a right to the water and can make your life quite stressful.
Also you can have a legal water right from a stream you don’t live on, or from a diversion point on someone else’s property and you don’t have a legal easement for the water to cross the property then the water right is of no use without Full cooperation from that land owner.
If there is not a proven – legal –recorded document that gives you a Right to This water then you do not have a right to use it.
This water right must be in no way disputed by anyone up stream from you in any way then you may have a right to use it. The water in the Pond comes from somewhere and whether it be a State Agency or an up stream neighbor, someone may have a legal or another issue that will prevent you from using this water.
The Realtor, listing agent, often times does NOT even look for this issue. They see a pond or take the Sellers word for it that it is a pond that will stay even after this current Seller sells. And the Realtor does not research any disputes – why would they and even if they do find a prove a water right to you, they may not prove the easement you may need over your neighbors property to get this water.
Oftentimes a neighbor will let someone use water across their property for decades but when a new buyer buys, they cut the water off. You, as a buyer have to make sure and to prove that this water will be there after you buy. This is VERY important and can affect your life in many more ways then you will understand during closing. Don’t let anyone else find this stuff our for you, you find out for yourself.
If they say it is Spring Fed prove it, if it is fed by a creek or river prove the right to use that, if the water comes in from a ditch find out what body of water the source is from and make sure that you have a right to use that water.
Just because there is ponds does not mean they are there legally or that you will be able to keep the pond. Find out before you Sign, don’t believe the Realtor on Either side of the Transaction, don’t believe the Seller, don’t believe the Title Company or anyone getting paid based on the closing of the real estate transaction.
Make sure there is Legal Recorded support data to prove your right to use this water. In Some States water rights run with the land, still these pointers for buyers are valid for these situations as well. Even if the Water Rights run with the Land this does not mean that the neighbor upstream won’t cut your water off for some reason or purpose of their own.
Proving Water Rights in Rural Areas
TO Research Water Rights you can go to online websites such as Water Rights Searches for your state or county of interest, search for DNRC or State water boards or call the local water rights or water quality agency for direction on where to find this information.
The title company may point you in the right direction, but get and prove the information yourself. Water Rights Research and Your Quality of Life are often times directly related. It Does not Matter how much documentation that you have to Prove a water right if the neighbor does not think you have the right, or is not willing to honor an easement your life could be miserable.
Water Rights is a VERY big deal in Rural Areas. People take it seriously and many fight for decades and even can end up in fatal fights. Either way, Right or Wrong, If there is a water rights issue with the property you are going to buy - I suggest you walk away.
Yes you can Fight, and Enforce it - I mean if the Right is there and the law is on your side then you may choose to do this. However, in my experience the person with the Legal Right usually loses to the person who lived there longer, and years pass fighting where your quality of life is SERIOUSLY affected.
If you have never been in a water rights situation that has been a constant fight then you make think this a trivial legal issue that will easily be handled in the courts. However, I have seen neighbors fill in Legal Ditch Easements, Put Boards in to Stop Water, I have seen new buyers drive up to the home of people upstream and threaten to Kill them.
New Buyers who had bought downstream and got into a water right battle that was already 10 years old and demanded water be let up a ditch that had been in dispute in the water courts for all of those years.
The Buyer had no real right, for those downstream had a legal water right off of the main stream in which the ditch for their water came off of, the PROBLEM was they did not have an easement over the land owners property upstream for the ditch, therefore they had no way to access the water that they had a legal right to.
Buyers Tips to Avoid a Negative Situation with Water Rights.
Get Documentation that The Water Right Exists, if this is not in the name of the Seller that you are buying from then make sure that whose ever name it is in is willing to transfer to you. Make sure you see proof of an existing easement for water to get to your property or pond, this may be on the title report for the neighboring property – make sure that the title company gives you proof of this. Talk with the neighbor – tell them your thinking of buying next door and ask them about the water – if there is going to be stress – tension or any kind of an issue, NOW is the time to know before you sign – before everybody gets paid.
Can you Put Fish in the Pond ?
Again DO NOT listen to those who are getting paid for ANY reason from your contract based on the contract closing. Check with the local Fish, Wildlife and Parks. You need to have special permits and having fish in a pond is not necessarily legal. The Realtor and Seller can Say whatever they like but you need to prove it independently of them.
If you buy excited about being able to have fish in your very own pond than you may be unhappy later and this is NOT something that is easy to Sue over after the fact. So make sure that you can legally have and stock fish in the pond - and do NOT let the Realtor or the Seller get the information for you.
Can you Use the Pond to Irrigate
If you are told that you can use a pond to irrigate your field, garden or crops - make sure that there is or has been filed a water right on that pond. Never assume you can use it, even if the Current Seller is using it.
The Seller or Realtor may show you an unrecorded water right. Make sure with the local water rights bureau, DNRC or whatever it is called in the town or county that you are interested in buying in that this water right is legit.
The lack of follow through with the previous owner, the lack of verifying data by the Realtor and the Title Company - Closing agent getting spoon fed their information by the real estate agents leads to you the buyer needing to make SURE you really have a Right to Use that Water and that You can use it without your life being a Daily War.
Find out BEFORE you sign, because after you sign Everybody is Paid and Justice is Years OFF if it Ever comes and Judges can hold cases in rural areas for years, Realtors Insurance will keep you in court for years and Seller run away with the money… BEFORE you Sign Make Sure of the above Water Rights issues.
You NEED to Know alot of little things to look for to protect yourself in your Real Estate Transaction - for more detailed information go to www.SavvyBroker.com and Subscribe to My Real Estate Industry Whistleblower Blog. The only real estate insurance you can count on is Knowledge.
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