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How do you get "mineral" water rights AFTER you have already purchased a home?

 
Bixby
User ID: 95
United States
05/31/2009 06:23 PM
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How do you get "mineral" water rights AFTER you have already purchased a home?
Anyone know if it is necessary to have mineral rights to keep the water, if you have a well drilled after home purchase?
Anonymous Coward
User ID: 568763
United States
05/31/2009 06:25 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
I don't know the answer, but in my opinion, some questions are just better off no asked
ALeopardSanctuary-nsi​
User ID: 691911
Canada
05/31/2009 06:25 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
The water on your property as long as private homeowner belongs to you most usa locations. To be told otherwise downright liar.
Anonymous Coward
User ID: 254206
United States
05/31/2009 06:27 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
The water on your property as long as private homeowner belongs to you most usa locations. To be told otherwise downright liar.
 Quoting: ALeopardSanctuary-nsi 691911


that is comforting... thank you.
Anonymous Coward
User ID: 475092
United States
05/31/2009 06:28 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
Allodial title is a concept in some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.
the United States most lands are not allodial, as evidenced by the existence of property taxes. Some of the Commonwealth realms (particularly Australia) recognise native title, a form of allodial title that does not originate from a Crown grant.


[link to en.wikipedia.org]
Druid

User ID: 500063
United States
05/31/2009 06:30 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
There are two things to worry about here.

First are the water rights. If it does not come with your property automatically, they can be hard to get in most areas that have them.

They will almost always belong to some large concern that will not sell.

The second is impact.

If you have a well, don't ask for permission to use the water, assume it as a right,

As long as you are not blocking the water in a stream or river, you have the full use of the water on your land, AS LONG AS YOU DON'T ASK!

There can be fines levied for using water once you know you are not supposed to and they WILL check up on what you are doing then. Don't ask and everyone will assume you are just doing the right thing.

Most water rights states are in very dry locations. If you are in a normal use area, chances are you don't need to worry.
And all the whores and politicians will look up and shout "save us!"

And I'll look down and whisper "No."
Anonymous Coward
User ID: 679335
United States
05/31/2009 06:31 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
I never considered that water might be a mineral. I know that lots of OK land is sold without mineral rights, but I would assume you could drill a well.
Anonymous Coward
User ID: 646901
United States
05/31/2009 09:28 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
Dude... I saw your other posting. You need a good lawyer, I think.
Anonymous Coward
User ID: 642285
United States
05/31/2009 09:30 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
NORMALLY, the mineral rights pass with title to the land. If they've been sold to someone else before you came along, that must be fully disclosed to you prior to sale.

So it's safe to assume you have the rights unless there were disclosures to the contrary. Check with a good RE lawyer in your area to make sure, however. Shouldn't cost more than $100 for a single 1 hour of his time. Maybe less.
Texas Uncensored

User ID: 691953
United States
05/31/2009 09:35 PM
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Re: How do you get "mineral" water rights AFTER you have already purchased a home?
If you are talking mineral rights as in oil, gas, and other, usually the original land owner retains those unless specified otherwise.





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