Legal Question in Real Estate Law in Washington
Holders of a Water Right got my property
I purchased, through a real estate compeny, a small parcel of land that housed an irrigation well. Included in the sale were a new pump and a substantial amount of irrigation piping. Title searchs indicated no easement to the property existed as did statements from the seller.
Two neighbors, only because the had a water right aquired by their land purchase, claimed that their water right provided an automatic easement to use my well. In addition, they claimed their water right gave them the right to use my equipment and piping. In a summary judgement hearing, the judge agreed that their water right gave them exclusive use of my well. The issue of the pumping equipment and pipe...the judges answer was ''it belongs to them''. My appeal to the appelate court was in essence ''does a water right in, and of-itself provide ''automatic'' easement to the land of another to use and existing water well?.....The decision was ''yes'' and cited a case where a farmer pumped from a river and someone bought the land between him and the river and sought an easement to the river. My appeal to the State court was not considered. Do I have any options other than forgeting about it or trying to sell the ''unsalable'' 90 by 90 foot piece of property?
1 Answer from Attorneys
Re: Holders of a Water Right got my property
Wow! What an interesting case. I do not think there is anything you can do with a further appeal, unless there is some sort of constitutional rights violation, but there does not seem to be one here.
On the other hand, I am wondering who has to pay to run the pump for the well? There must be some sort of power bill generated by all this pumping of water.
Another issue is what if anything happened with your title insurance? Did you ever go to the seller or the title company for damages based on their failure to reveal the existence of this easement?
These ideas may not get you your exclusive water rights back, but perhaps they will alleviate some of the damages. Feel free to call me if you have further questions.
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