period of time that may constitute abandonment of water rights?

What is the name of your state? California

We plan to purchase a house and orchard from the owners. On the property is a well (water) that we were told belongs to a group of owners of other nearby properties, but which has not been used for years. (Our own well is located on the owners adjacent property.) The amount of time is uncertain, could be anywhere from 10 to 14 years. Supposedly the pump is broken. By looking at the electric meter we can confirm that no power is being used.

The well is dilapitated, the fence around it has fallen down and we are concerned it is a hazard for which we might bear some responsibility if there were an accident.

We have not seen the deed to the property yet, but understand that the other's rights to the well are in writing somewhere.

Is there a period of time of non-usage that would constitute abandonment of this well? If so, can it be removed from the title, and what steps could we take to do so? Lastly, if there is no chance of the right being revoked, can we force the owners to fix the condition so it is not a safety hazard? How can we find out who the actual owners are?

[HomeGuru]

[quote]Originally posted by jadesfire
[b]What is the name of your state? California

We plan to purchase a house and orchard from the owners. On the property is a well (water) that we were told belongs to a group of owners of other nearby properties, but which has not been used for years. (Our own well is located on the owners adjacent property.) The amount of time is uncertain, could be anywhere from 10 to 14 years. Supposedly the pump is broken. By looking at the electric meter we can confirm that no power is being used.

The well is dilapitated, the fence around it has fallen down and we are concerned it is a hazard for which we might bear some responsibility if there were an accident.

We have not seen the deed to the property yet, but understand that the other's rights to the well are in writing somewhere.

Is there a period of time of non-usage that would constitute abandonment of this well?

**A: not if the well/water rights were reserved for certain owners and recorded as a deed restriction on title.
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If so, can it be removed from the title, and what steps could we take to do so? Lastly, if there is no chance of the right being revoked, can we force the owners to fix the condition so it is not a safety hazard?

**A: yes, you could write that as a condition of the contract.
***********
How can we find out who the actual owners are?

**A: order a title report.

We obtained a copy of the deed for the previous sale from the recorder's office. The water rights WERE reserved for previous owner as a deed restriction. It says they reserved the entire pump station, and "an undivided one-half of the well". I am interpreting this as meaning that the previous owners retained rights to all of the hardware but only 1/2 of the water rights, and that if I purchase and install an additional pump I could pull water from the same well...and would be entitled to 1/2 of the water that could be pumped from the well. Does that sound correct?

Additionally, one item of clarification: we know who the current owners of the property are...they are the ones that we would sign a contract with. However, they are not the owner's of the pump station, as mentioned above. You recommended ordering a title report. This would show not only the property owners, but the current owners of this reserved pumping station? It is the owner's of the pumping station that we need to contact about it I think. thanks!

[HomeGuru]

[quote]Originally posted by jadesfire
[b]We obtained a copy of the deed for the previous sale from the recorder's office. The water rights WERE reserved for previous owner as a deed restriction. It says they reserved the entire pump station, and "an undivided one-half of the well". I am interpreting this as meaning that the previous owners retained rights to all of the hardware but only 1/2 of the water rights, and that if I purchase and install an additional pump I could pull water from the same well...and would be entitled to 1/2 of the water that could be pumped from the well. Does that sound correct?

Additionally, one item of clarification: we know who the current owners of the property are...they are the ones that we would sign a contract with. However, they are not the owner's of the pump station, as mentioned above. You recommended ordering a title report. This would show not only the property owners, but the current owners of this reserved pumping station? It is the owner's of the pumping station that we need to contact about it I think. thanks!

**A: I cannot answer both questions. You need to have an attorney review the deed, title report etc. and possibly other documents in connection with the well, pump. etc.