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I'm under contract to purchase some rural land. Much to my surprise when I went to look at the property, I noticed a spring flowing in the middle of the lot. At the same time, I also noticed a plastic barrel cover and an old tire holding down some black PVC piping. I didn't think much about it at the time. After going back and studying the pics and videos I took, I realized that a neighbor must be harvesting water from the spring.
The seller did not disclose any easement agreement and the title search came back clean.
I was able to make contact with the neighbor to the north of me. He confirmed that someone was using the spring but that the person had passed away several years back so he wasn't sure if it's still actively being used. I suspect that it still is.
I'm not sure if the pvc pipe is buried all the way down to the neighbor's lot or if they are actively coming on the property to fill containers. I plan on taking a closer look at the setup during my next visit.
I have no issue sharing water from the spring. I just don't like seeing the ugly old tire and exposed PVC pipe on the property. Hopefully the pipe is buried down to the neighbor's as I'd rather not have the neighbors come on my property to fill containers. At this point I'm guessing this is considered a prescriptive easement so there is probably nothing I can do to stop them from coming on the property if that is what they are doing.
How should I move forward in handling this? Feedback, concerns or suggestions are greatly appreciated!
You need to contact someone (an attorney) with experience in rural water issues IN YOUR JURISDICTION. Every state (heck, sometimes every county) is different.
You also need a very serious search of any covenants, agreements, etc., attached to your deed.
In Texas use of one person's spring by another person would only be permitted if the two parties had an agreement. You need to find out if there is such an agreement. I do not believe that in Texas such an agreement would last forever, but if you don't challenge it you may find after a few years that you've agreed to it by omission.
Personally I would not permit this unless I had personally arranged an agreement. What if one of these days you want to use the flow from that spring?
You need to contact someone (an attorney) with experience in rural water issues IN YOUR JURISDICTION. Every state (heck, sometimes every county) is different.
You also need a very serious search of any covenants, agreements, etc., attached to your deed.
Personally I would not permit this unless I had personally arranged an agreement. What if one of these days you want to use the flow from that spring?
Thanks for the feedback.
I reached out to my attorney and she said that since there was no easement agreement found during the deed/title public record search, the neighbors have no legal right to tap the spring.
On my next visit to the property, I will disconnect the tap and leave a note with my contact info.
I don't mind sharing the water as I know not everyone can afford a deep well. But to your point, I will want an arranged agreement that I can terminate at anytime.
I'm under contract to purchase some rural land. Much to my surprise when I went to look at the property, I noticed a spring flowing in the middle of the lot. At the same time, I also noticed a plastic barrel cover and an old tire holding down some black PVC piping. I didn't think much about it at the time. After going back and studying the pics and videos I took, I realized that a neighbor must be harvesting water from the spring.
The seller did not disclose any easement agreement and the title search came back clean.
I was able to make contact with the neighbor to the north of me. He confirmed that someone was using the spring but that the person had passed away several years back so he wasn't sure if it's still actively being used. I suspect that it still is.
I'm not sure if the pvc pipe is buried all the way down to the neighbor's lot or if they are actively coming on the property to fill containers. I plan on taking a closer look at the setup during my next visit.
I have no issue sharing water from the spring. I just don't like seeing the ugly old tire and exposed PVC pipe on the property. Hopefully the pipe is buried down to the neighbor's as I'd rather not have the neighbors come on my property to fill containers. At this point I'm guessing this is considered a prescriptive easement so there is probably nothing I can do to stop them from coming on the property if that is what they are doing.
How should I move forward in handling this? Feedback, concerns or suggestions are greatly appreciated!
Are you saying that you entered a contract to purchase the property prior to inspecting it?
Don't assume anything regarding the existence of an easement...although someone may have grounds to claim one. Do you have a real estate lawyer who can review your situation? If not, you should probably get one.
EDIT: I see that you made another post while I was typing this up. It's good that you have an attorney.
Are you saying that you entered a contract to purchase the property prior to inspecting it?
Don't assume anything regarding the existence of an easement...although someone may have grounds to claim one. Do you have a real estate lawyer who can review your situation? If not, you should probably get one.
EDIT: I see that you made another post while I was typing this up. It's good that you have an attorney.
Thanks for the reply.
I did inspect the property before submitting the offer. I wasn't even sure it was a spring or if it was just runoff water from the recent rains. I later confirmed with the neighbor to the north that it is in fact a perennial spring.
I brought up the prescriptive easement argument with my contact at the attorney's office. She had forwarded my question to the attorney for follow up.
If you cut the water completely off and someone is using it then you will create an immediate hardship for them. I would only cut the water temporarily, that is reversibly, to get the attention of the users. Once you have contact then you can come up with some sort of transition where they make different arrangements.
OR you might just find the your seller used the tubing to either drain the spot from flooding OR had a garden down further and used the pipe to irrigate. You’re rural after all.
You are presumably purchasing this land from somebody, either a human being or some sort of business entity represented by a human being.
If you are still within the inspection contingency period I suggest you put your seller on the hot seat to resolve the issue before the end of the inspection contingency period or you have the option of cancelling the purchase.
If you are already beyond the end of the inspection contingency period, the issue is yours to contend with after you close escrow.
...I would only cut the water temporarily, that is reversibly, to get the attention of the users. Once you have contact then you can come up with some sort of transition where they make different arrangements.
OR you might just find the your seller used the tubing to either drain the spot from flooding OR had a garden down further and used the pipe to irrigate. You’re rural after all.
I spoke to the attorney and she suggested that I disconnect the pipe and leave my contact info there to determine if someone is still using it.
The seller is an LLC that purchased the land 10+ years ago and just sat on it as an investment. It's raw forest land that has sat vacant all of these years. I don't think they are aware of the spring on the property.
You are presumably purchasing this land from somebody, either a human being or some sort of business entity represented by a human being.
If you are still within the inspection contingency period I suggest you put your seller on the hot seat to resolve the issue before the end of the inspection contingency period or you have the option of cancelling the purchase.
If you are already beyond the end of the inspection contingency period, the issue is yours to contend with after you close escrow.
I am aware of my option to cancel during the contingency period - which is still pending. My attorney is saying that since there is no easement agreement in public records, I can disconnect it and legally tell them to stop trespassing (if they are still using it). My end goal is to establish contact with the neighbor to work something out.
Is there a reason why you don't want to just go to the neighbor and ask? - or have your agent, the seller's agent, or the seller, ask?
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