Irrigation well easement exception?

[hardlock]

I'm in Oregon and last year bought a property with an irrigation well. It appeared abandoned due to the nearby pipes being half buried in the ground, rust, well house and pipes under tons of blackberries.

The adjoining land is going up for sale and the land owner has had a pump guy out to service it and I've seen prospective buyers looking at it. I heard from the pump guy that the drain plug was rusted out as well.

The deed has a well use easement for adjoining neighbors but it clearly states that it expires from non-use after 3 years.

I attempted to get the last know electric bill for proof of this but the electric Co. won't disclose other owners account information. (well has it's own meter)

How do I get this information w/o court orders, etc. ? Thanks for any help!

 

[FarmerJ]

Try the electric co again, I cannot imagine why they would refuse to tell you when that meter had any use since it could be worded in a non identifying way. Insist to them that is the only information you require is to know when that meter actually had any use on it. If they refuse then id say before any repairs are actually made to it that you to hire a plumber to estimate in writing for you the last time it was used. Is there any other wording in the easement that would trigger the end of the agreement?

 

[hardlock]

Try the electric co again, I cannot imagine why they would refuse to tell you when that meter had any use since it could be worded in a non identifying way. Insist to them that is the only information you require is to know when that meter actually had any use on it. If they refuse then id say before any repairs are actually made to it that you to hire a plumber to estimate in writing for you the last time it was used. Is there any other wording in the easement that would trigger the end of the agreement?

Thanks for that but you misunderstood. As to repairs, after we moved in and the neighbor started to sell one of the eased properties, she wanted to be able to say it included use of the well so had it checked out/serviced herself. I don't know the co. and can't ask her as that would tip my hand that I even know of the easement condition. (it wasn't detailed in my deed, only found it in the official doc filed at the county).

Here's the text of the easement conditions I acquired from the county records:

"This easement shall terminate if and when the water pipeline is abandoned for a period of not less than three calendar years or upon completion of foreclosure of that certain Land Sale Contract a Memorandum of which was recorded July 14 2003, etc**************"

 

[FarmerJ]

I did not have a misunderstanding, You said you tried to contact the elect I suggested doing so again (especially if the meter seal/tag color is the one used for meters that are turned OFF , hint it may be yellow or different color than your meters seal/ tag ) to see if they can tell you when the last time the meter had actual use. part two, I did indeed understand that the neighbor hired someone to look at it, but what about YOU hiring someone to try to give you a estimate of how long ago it might have been last used and in writing ? easement or not if its on your land I imagine you can still do this because you sure as heck might end up being the one to pay for it to be properly taken out of service and capped should there be a problem or someday where that well would have to be taken out of service because your state /county etc orders it and the easement holder refuses to pay. third Just what does the recorded easement say as to exclusivity ? does it say that just property xyz has exclusive use , if it says that then I guess it may be worth seeing a real estate atty If she is trying to claim the well easement extended to any other property that she say split off from the original parcel the well was to serve. Last you posted > upon completion of foreclosure of that certain Land Sale Contract< I take that to mean that if the one who was to benefit from it let the property go during a contract for deed purchase and the CD vendor (the original seller ) had to foreclose that they also had the right to terminate the easement , ( sounds like at one point in time the owner of YOUR parcel granted this easement to the other property with those conditions so id suggest (even if you have to hire it out ) to search thru public records to determine if the person who granted the easement failed at some time to terminate the easement for this well when the the trigger clause was met, > this goes back to seeing a real estate attorney. Who can tell you by looking at the public records of the involved properties if someone failed to act to end the easement and if there is a way that you can do so instead.

 

[hardlock]

I did not have a misunderstanding, You said you tried to contact the elect I suggested doing so again (especially if the meter seal/tag color is the one used for meters that are turned OFF , hint it may be yellow or different color than your meters seal/ tag ) to see if they can tell you when the last time the meter had actual use. part two, I did indeed understand that the neighbor hired someone to look at it, but what about YOU hiring someone to try to give you a estimate of how long ago it might have been last used and in writing ? easement or not if its on your land I imagine you can still do this because you sure as heck might end up being the one to pay for it to be properly taken out of service and capped should there be a problem or someday where that well would have to be taken out of service because your state /county etc orders it and the easement holder refuses to pay. third Just what does the recorded easement say as to exclusivity ? does it say that just property xyz has exclusive use , if it says that then I guess it may be worth seeing a real estate atty If she is trying to claim the well easement extended to any other property that she say split off from the original parcel the well was to serve. Last you posted > upon completion of foreclosure of that certain Land Sale Contract< I take that to mean that if the one who was to benefit from it let the property go during a contract for deed purchase and the CD vendor (the original seller ) had to foreclose that they also had the right to terminate the easement , ( sounds like at one point in time the owner of YOUR parcel granted this easement to the other property with those conditions so id suggest (even if you have to hire it out ) to search thru public records to determine if the person who granted the easement failed at some time to terminate the easement for this well when the the trigger clause was met, > this goes back to seeing a real estate attorney.

All good information. Thanks much! For what it's worth, it's a green tag on the meter. Another interesting thing is the digital display (not like mine on the home) flashes 2 with all zeros for the meter reading, then 3 with all zeros for the reading and then a test screen I believe with all the LED functions lit up at once. The odd part there is no 1 segment. Maybe it a multi account meter with someone using #1 slot? Anyway, will find that out tomorrow.

As to exclusivity, it states the 3 properties (mine included) with legal descriptions rights to the well, not persons. I did check with the county last year about the water rights situation and found that even thought the land owner of the other parcels was claiming she was the only one with water rights, that they went with the well location, not persons.

Time for legal council probably as you recommended, thanks again!

 

[FarmerJ]

So if you are to have the right to use the well then is anything written about who pays the bill ? (as to the type of meter , if it has two distinct reading areas then i wonder if the meter has off peak reading you know, 8a to 8p -8p to 8a like some of my co workers who live in Wisc) If its green tag Someone is paying the minimum monthly fee to keep the electric on even with zero use ( over here they use yellow for meters that are turned off and green plastic for on unless the elect co has determined there has been meter tampering then they use them super fancy locking models so no one can cut the other style tags off and re turn on the power, but with these newer style electronic meters who knows if they have to do more than remotely turn it off ) I imagine then if you have the right to use it maybe you really should have a plumber of your choice come out and evaluate it for you ( you want it in writing ) LAST , big one here that may tell you alot, does your county / city require potability test for that well since it serves more than one property and if they do then does the county itself have any record of the result ? This too may be worth looking into as well as so called local / state laws re potability because if this wells water is not fit for human consumption then you have a more more reason to seek termination of this easement.

 

[hardlock]

So if you are to have the right to use the well then is anything written about who pays the bill ? (as to the type of meter , if it has two distinct reading areas then i wonder if the meter has off peak reading you know, 8a to 8p -8p to 8a like some of my co workers who live in Wisc) If its green tag Someone is paying the minimum monthly fee to keep the electric on even with zero use ( over here they use yellow for meters that are turned off and green plastic for on unless the elect co has determined there has been meter tampering then they use them super fancy locking models so no one can cut the other style tags off and re turn on the power, but with these newer style electronic meters who knows if they have to do more than remotely turn it off ) I imagine then if you have the right to use it maybe you really should have a plumber of your choice come out and evaluate it for you ( you want it in writing ) LAST , big one here that may tell you alot, does your county / city require potability test for that well since it serves more than one property and if they do then does the county itself have any record of the result ? This too may be worth looking into as well as so called local / state laws re potability because if this wells water is not fit for human consumption then you have a more more reason to seek termination of this easement.

It states I have the right to 20% use (my land is 3 acres, other two lots are 5 and 20 acres BTW) and if I do then I'd be liable for 20% of elect. and maintainance. If the green tag does means ON then it will be much harder to determine usage length without the actual bills. I haven't used it yet and don't want to start paying for something I don't need. That includes getting a pump guy out since I doubt he'd be able or willing to put anything in writing as to down time since it's just been serviced, tested and working again. Being a mechanic myself, it would have to be torn down and miced to see wear and that still wouldn't tell what durations of use it had or didn't have over time. Quess I can ask however.

I have a separate well for my house water so the potability wouldn't apply I don't think since the one in question is only for irrigation. Right now all the lots are mowed down hay/weeds and have not been used for anything at least for the year I've been here. The 20 acre plot has just been sold to someone that looks to be taking an interest in growing something.