S
susanvw
Guest
My grandmother was the owner of a number of parcels of land years ago in this small town. In 1946 she sold a hotel which is now a Bed & Breakfast. In the Deed conveying the hotel she also granted “water pipe and water rights out of John’s Gulch”. Nothing stated just where the water pipe was coming from. I am now developing a parcel of land I inherited from my father who inherited it from his mother (my grandmother). A water pipeline enters my land. A chain of title for my land shows that in a Deed in 1916 my land was granted “water rights and rights to pipeline, conduits, etc.”
The owner of the B & B biz believes that the water and water pipe line as conveyed in 1946 Deed supercedes any water rights I may have for my use and gives him exclusive right to the water and water line on my land. (Just because my grandmother owned bother parcels of land and the pipeline enters onto my land only?) I told him that my grandmother was not stupid and would not have relinquished the water rights to a parcel of land while retaining the ownership to the land (my land). Doing so would have greatly reduced the value of her land. I also told him that the Deed of 1946 did not state that the water rights, etc., being conveyed were via my land. There is nothing stating that he has an easement over my land. The legal description for my land does not state “EXCEPITNG THEREFROM an easement ….”. It is just a plain lot and block property description. The B & B cannot use any of this water in their business and he has very little property to irrigate. However, I have attempted to compromise with him and he flat out refuses to do the same. He wants the water for himself only although there is plenty for both parties. An old pipeline may have once carried water to his property, but hadn’t done so in many years. I told this B & B owner I was not about to allow him to transport water via my land all the while prohibiting me from using that water. I know how this must sound…. flakey, right? But, nonetheless it is my reality. I think he doesn’t stand a chance of winning a case against me. Then again, I am not a lawyer .. that is why I am posting my question to you. Comments .. opinions please?
The owner of the B & B biz believes that the water and water pipe line as conveyed in 1946 Deed supercedes any water rights I may have for my use and gives him exclusive right to the water and water line on my land. (Just because my grandmother owned bother parcels of land and the pipeline enters onto my land only?) I told him that my grandmother was not stupid and would not have relinquished the water rights to a parcel of land while retaining the ownership to the land (my land). Doing so would have greatly reduced the value of her land. I also told him that the Deed of 1946 did not state that the water rights, etc., being conveyed were via my land. There is nothing stating that he has an easement over my land. The legal description for my land does not state “EXCEPITNG THEREFROM an easement ….”. It is just a plain lot and block property description. The B & B cannot use any of this water in their business and he has very little property to irrigate. However, I have attempted to compromise with him and he flat out refuses to do the same. He wants the water for himself only although there is plenty for both parties. An old pipeline may have once carried water to his property, but hadn’t done so in many years. I told this B & B owner I was not about to allow him to transport water via my land all the while prohibiting me from using that water. I know how this must sound…. flakey, right? But, nonetheless it is my reality. I think he doesn’t stand a chance of winning a case against me. Then again, I am not a lawyer .. that is why I am posting my question to you. Comments .. opinions please?