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| Subject:
Drilling for water when water rights are not contained in deed.
Category: Miscellaneous Asked by: audra58-ga List Price: $50.00 |
Posted:
13 Mar 2005 20:18 PST
Expires: 12 Apr 2005 21:18 PDT Question ID: 494181 |
How would one be able to drill a water well in the county area of California City when the deed states "excepting all water in and under said land and the water rights appurtenant thereto." "This deed is made and accepted upon the covenants and conditions set forth in the protective covenants recorded in book 3933, page 373" This is in Kern County, California. My 20 acre parcel of land ( Parcel 13 on Parcel Map 3 filed in Book 1, pages 1 to 12 inclusive of parcel maps) has recently been "detached" from the City of California City and now falls under jurisdiction of Kern County. After 40 years of ownership, I'd like to build something on it but need water and don't know where to start the process. Does anyone have any knowledge in this area? Thank you. |
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| There is no answer at this time. |
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| Subject:
Re: Drilling for water when water rights are not contained in deed.
From: myoarin-ga on 15 Mar 2005 07:35 PST |
HI, this is kind of disjointed, sorry. I'd go to the county and ask. Maybe the exception of the water rights only applied as a condition for property in City of California to avoid wells within the city limits and force people to hook up to the water system. That would be almost too good. But if that were the case, then it is a question of whether you would have to have the condition removed or if it is simply no longer applicable. (Please see the disclaimer below concerning profession advice. This is not such.) I wouldn't press the question too hard with the county, just ask what the exception means and hear what they say. They could decide that it was a nice idea that you didn't have water rights and want to keep it that way. Oh, better, start in City of Cal., which no longer is responsible and won't mind hearing that you'd like to put in a well. And, of course, you can ask an experienced real estate agent. He or she will tell you all he/she knows if it seems like you are considering selling the parcel and they got to list it. And they would/will tell you that clarification of the point is very important if you did want to sell. I'd do that first, easy, no cost, and maybe you'd get some other useful info from the conversation. Could talk to a couple to hear if they agree. Good Luck |
| Subject:
Re: Drilling for water when water rights are not contained in deed.
From: audra58-ga on 15 Mar 2005 14:09 PST |
Thank you myoarin-ga for the good tips. I will get started right away as I know the process will be lengthy. Didn't think about asking a real estate person. Thanks again! |
| Subject:
Re: Drilling for water when water rights are not contained in deed.
From: myoarin-ga on 16 Mar 2005 02:34 PST |
My pleasure, good luck! |
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