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Re: How do water rights work?
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Posted by georgeky on June 28, 2007 at 09:36:29 from (205.188.117.71):
In Reply to: Re: How do water rights work? posted by Matt from CT on June 28, 2007 at 07:54:11:
Matt, I am not sure about the law here now, but at one time all you had to do was lock everyone out at least one day per year. This would prevent a legal ROW from being established. I think now that if they use it for 7 years without being locked out it does become a permanent ROW. I am going to have trouble here over that. My MIL owns the place next to me. She sold 3 acres to her sister with no way to access it except through me. All this was done without even asking me about using my place to gain access. So far I have let them go through me to get there, my lawyer told me that if push came to shove that the sister would have to take action against the MIL, and force a ROW through her. They have spent a lot of money back there and I am going to have to close off access to it. I know there is going to be trouble over it, because my wife thinks it isn't hurting anything to let them continue to drive through me. Says I am just being contrary. She doesn't seem to understand that once the ROW is established that you can't reverse it. My worry is that they will sale their place and no telling who will move in behind me. Just last week I sat on the porch and seen another in-law who was visiting the MIL's sister throw out a McDonalds sack on me on his way out. I made him pick it up, and he informed me that it was paper and would rot. I am now considering throwing all my garbage in his front yard. I may close the gate tonight and put this big master lock on it. All this can sure be a mess.
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