California  |  Real Estate Law

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5/25/11, 6:45 pm

Legal Question


A 40 acre parcel ("Parcel B") was cut out of a pre 1914 ranch. The remaining 120 acres ("Parcel A") stayed with the grantor and was aquired later by us. Parcel A has the water right to a spring.

Parcel B was granted "the right to one quarter of the water in the system on the lands of the grantor with the right to connect anywhere between the source and the tank. Under any event shall the water taken be limited to one quarter."

A pipeline leading to Parcel B was connected to the main pipe from the spring and a diversion device installed. Parcel B changed ownership and the new owner destroys the device frequently to get more water. We fix it whenever it happens but grow tired of doing that.

Question: Who has the responsibility to make sure that the amount of water taken is not more than one quarter?

Thanks!


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