Legal Question in Real Estate Law in Oklahoma
Easements/Right of Ways
A neighbor's lateral lines are running on our property. Water surfaces from these lines and they run in a creek. Can he keep them on our property? Does he have any rights to our land?
(ex. digging, improvements, etc.)
He has no easements on our deed. If we damage those lines, are we responsible for them? Also, can we make him move them?
1 Answer from Attorneys
Re: Easements/Right of Ways
The answer depends on the state law. Some states have rights to convey water over others property which right will not always be shown on your deed. Did you look at the property before you purchased and where the lines there when you purchased? If the state gives them rights then you can't usually damage them whoever most states allow you to move them so long as you do not stop and or decrease the water supply.
Talk to a water law specialist in your state. Don't take things into your own hands before consulting counsel.
Jeffery Hess
Hawkins-Smith
3309 Chuckwagon
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