California  |  Real Estate Law

Legal Question

Asked on: 9/21/13, 10:18 am

I am being challenged in rights to a spring that has been tied to a house I own and has serviced the house for about 150 years first documentation in 1881 by the pole family who owned the land before my family. Grandparents then took ownership not documenting the spring in which the US 101 ran though separating the house form the spring and generating 2 parcels. The water runs under the freeway to the house and when my dad inherited it he had his family who owned the parcel with spring sign a grant deed for the spring defining the size of the area indicating its service to the house but no clear defining actual location. That water serviced house up to 8 years ago in which a well was drilled on neighboring property the house is tied to that water source today but the right to the spring still in my dads name. I bought the home form my dad 3 years ago and had him grant deed the rights to the spring to my wife and as a back up water source. My family is selling the property with the spring today and trying to raise doubts to my rights to the spring based on Subdivision Map Act, 1977 agreement was to my parents names and the 2010 from my dad is from Williams family Trust, and the lack of specifics on location of pipes and spring. It is physically there and use can be proven so what can I do?

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