Sarah is purchasing a 40-acre rural property in Blaine County, Idaho. The purchase agreement is silent on the topic of water rights. The property is adjacent to a creek, and Sarah assumes she will have the right to use the creek water for irrigation. Which of the following best describes Sarah's legal position regarding water rights in Idaho?
Correct Answer
B) Sarah acquires whatever water rights the seller holds only if they are explicitly conveyed in the deed
Idaho follows the prior appropriation doctrine (I.C. Title 42), not the riparian rights doctrine. Water rights are separate property interests that are not automatically conveyed with the land. If the purchase agreement and deed are silent on water rights, Sarah does not automatically acquire any water rights. The seller's water rights must be explicitly identified and transferred in the conveyance documents.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.
Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
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