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  1. #1
    Join Date
    Feb 2014
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    11

    Default Are a Well and Pumping House Included With a Real Estate Purchase

    My question involves real estate located in the State of: California
    I have a deed that describes two parcels of land, one is a 40 acre parcel, the other is a 30' x 30' small piece which describes an undivided 66.67% interest into a portion of land. It describes the legals as to where it is located. It then goes on to state,"together with an undivided 66.67% into the water well, pumping plant site and equipment". A few years back I acquired another 10 acre property and it came with the remainder of the interest to the 30' x 30' property with an undivided 33.33% into the same portion of land but it had no language regarding any interest into the water well, pumping plant site and equipment. Did I not get the water well pumping plant site and equipment interests in that last transfer. I was also told that what is on and under the land is mine if I own the land, including the water and that the deed did not really have to specify the water well, pumping plant site and equipment. Or is it two different things and do I have to go back and ask for that interest and get the deed corrected. If it is two different things I would not want it to be available for someone else to come and take control of or even shaking me down for a hefty sum.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Is Description Two Different Things

    Quote Quoting Gmein
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    I was also told that what is on and under the land is mine if I own the land, including the water and that the deed did not really have to specify the water well, pumping plant site and equipment.
    Told by who?

    If a lawyer told you that, you can probably rely on it.

    If it wasn't a lawyer I strongly suggest you pay a lawyer for a written opinion that includes case citations.

  3. #3
    Join Date
    Oct 2014
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    8,238

    Default Re: Is Description Two Different Things

    In general, when property is transferred the transferee gets whatever rights the transferor had in the property unless the deed says something different. Also, generally a transfer of land includes all buildings, structures, and any other permanent fixture on the land. As a result, it is not usually needed to describe everything on the property for the transferee to receive it. If the transferor wants to reserve some rights to the land, the transferor needs to have that reservation put in the deed.

    But what you received here can only be determined by examining the entire deed record for the property. If you are unsure of what rights you might have then I suggest you see a real estate attorney to get that sorted out.

  4. #4
    Join Date
    Feb 2014
    Posts
    11

    Default Re: Is Description Two Different Things

    In response to ADJUSTERJACK, I was told by a civil engineer that the water under the 30' x 30' parcel was mine and that it came with the land. He also stated that since the equipment was not referenced in the deed, you may have not gotten that. Even though it was not excepted or reserved by the transferring party, it was also not specifically stated that I would receive it. He said, you may have to rely on what the "intent" was.

  5. #5
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Is Description Two Different Things

    Odds are the equipment transferred with the land .
    Some equipemnt that is better described as personal property might not...but I Dont think that is likely here as to a well and pump house ..where it appears you now own 100 %

    In some states mineral and water rights can be transferred separate from surface land ...no clue if that's a loose end for you. But given some of the water issues in CA it might be smart to get a RE lawyer to comment of your specific deeds?

  6. #6
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Is Description Two Different Things

    According to the CA water laws and their case law, water rights to groundwater of an 'overlying owner', are appurtenant to the land.

    The right to use percolating water, as well as the corpus of the water itself, is
    real property (footnote omitted). In Pasadena v. Alhambra, the California
    Supreme Court stated that the “overlying right,” or right of the owner of the
    land to take water from the ground underneath for use on his overlying land,
    “is based on ownership of the land and is appurtenant thereto (footnote
    omitted). (pages 669-670, Volume II)
    http://scocal.stanford.edu/opinion/c...alhambra-25978

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