Legal Question in Real Estate Law in California

Water right to a neighbor's spring

My mother lives in rural N. California. Water for her house comes from a spring on

an (immediately adjacent) neighbor's land. Her right to take water from the spring

is specified on the nieghbor's grant deed, recorded with the county, dating from before

1900. She has put up several rental units on her land, but her total water usage per day

is never more than 2000 gallons, usually much less. The neighbor is threatening

to take her to court: he would like her to agree to a maximum daily usage, and

would like her to install a water meter to insure that she does not exceed the

maximum daily usage. My mother is not inclined to agree to that; in particular, she

does not want to spend money to install a water meter. Question: does the

neighbor have a case against my mother-- that is, is there any chance that a court

would compel her to agree to a maximum daily usage and install a water meter?

Also, are there any precedents for what the neighbor is suggesting?

Thank you.


Asked on 2/27/00, 9:46 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Water right to a neighbor's spring

The rights of your mother would depend on the provisions in the deed that provides for her to have water.

If the right is in the form an easement, she could be restricted on the amount of water that she can use. An easement can be terminated if the easement is overburdened, that is used excessively. Building additional housing units on her property could be considered as overburdening the easement.

Contact an attorney,take the deed to the appointment.

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Answered on 3/09/00, 1:30 am


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