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post #1 of 16 (permalink) Old 05-31-2011, 01:40 AM Thread Starter
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water rights

Throwing this out there for some info.

Bought a camp 16 months ago in Cameron county. There is a shared spring house that sits on the neighbors property. Our deed clearly states that we have easement rights to the spring.
Recently the older neighbor lady who owns the property where the springs is situated had a letter sent to me from her attorney which is also her nephew stating (16 months after purchase) we could no longer use the water and he said he was unaware of any easements, which if he would have traveled to the court house he could have easily seen the easement listed in the deed.
I immediately called the attorney and talked with him and when he read the deed that I emailed him he stated that the water issue was not an issue to him since it clearly stated I have easement rights.
So a month ago after the phone conversation I go to camp and the water lines have been removed from the spring house. I put them back in and utilized the water for the weekend. Neighbor was not home.
go back to camp 2 weeks later. Spoke to her attorney prior to going up and again he said there should not be an issue. Get to camp and the spring house has a lock on it and accompanied with a sign saying private property. Again the neighbor is not home.
Spoke with several attorneys and I am told that I need to file an injuction. So this past weekend I go to Emporium and locate a local attorney and I speak to them and I was told that I have exclusive rights to use the water and to cut the lock and use the water. So I go back to camp and I made entry into the spring house and utilized the water.
The neighbor comes home and I tried to speak to her relative to this issue and she claims that the deed is wrong and she doesnt want anybody using the water. She was very unreasonable and I showed her a copy of the deed but she did not wan to hear it.
During the course of all of this I contacted the prior owner of my camp and he stated that he build the spring with the neighbors help on the neighbor property and he got the spring deeded to his property.
Since this problem doesnt seem to want to go away I will be calling that attorney back to file the injuction.
My question is has anybody else had this problem at their camp?
Thought about building my own spring but don't think that is right since the spring is deeded to my property.
Suggestions or thoughts would be appreciated. Thanks
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post #2 of 16 (permalink) Old 05-31-2011, 02:01 AM
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Re: water rights

You have legal right to be using that spring. It is in black and white. Contact your attorney and tell him what is happening. If she refuses to discontinue her actions tell her that you will take legal action to make sure she stops her actions. To bad you didn't know of the situation before your purchased the camp, but don't let it affect your enjoyment. Stay within your rights and your "neighbor" will eventually (hopefully) come around.
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post #3 of 16 (permalink) Old 05-31-2011, 09:08 AM
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Re: water rights

Quote:
Thought about building my own spring but don't think that is right since the spring is deeded to my property.
May not be right, but may be the best solution in the end.



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post #4 of 16 (permalink) Old 05-31-2011, 05:50 PM
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Re: water rights


Have an attorney that understands real estate law review your deed, if it's a slam dunk case in your favor, have your attorney sent a certified letter stating that he/she feels it/s a slam dunk and that your fully intend to excerise your rights to the easement.

At the very least you'll find out who her attorney will be.
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post #5 of 16 (permalink) Old 05-31-2011, 05:55 PM
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Re: water rights

Tell her atty, to inform her that you will be suein g for several thousand dollars , whatever the price of a new well would be plus the hookup, etc......if this issue continues....
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post #6 of 16 (permalink) Old 06-02-2011, 02:13 AM
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Re: water rights

Why did the owner suddenly decide to cut you off from the water? Is there more to the story?

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post #7 of 16 (permalink) Old 06-02-2011, 11:44 AM
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Re: water rights

Quote:
Originally Posted by Danesdad
Why did the owner suddenly decide to cut you off from the water? Is there more to the story?
Danesdad- he said the neighbor is/was a lady, We All Know,= Who Knows Why They Do What They Do...

I was wondering WHY she decided to unplug him also...
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post #8 of 16 (permalink) Old 06-02-2011, 11:52 AM
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Re: water rights

We have two homes that are feed by a single off site spring. Been waiting for someone to cut the lines. Hasn't happened yet.
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post #9 of 16 (permalink) Old 06-02-2011, 12:08 PM
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Re: water rights

I would hire a local real estate attorney to send appropriate correspondence to both her and her attorney. I would also start calling the police to file reports if your lines are cut in the future. Can you install a hidden game camera on your property that views the spring house? If you have pictures of her cutting the lines, that may give you some leverage.
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post #10 of 16 (permalink) Old 06-02-2011, 06:16 PM
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Re: water rights

How much is all this lawyerin' gonna cost in money, time, and an even worse relationship with the neighbor.

Seems more postive energy could be applied to making his own springhouse and putting a new pipe in on HIS property so, in the future, his water source is assured.



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