Tom is a licensed Kansas real estate salesperson helping a buyer purchase a dryland farm in Scott County that the seller claims has an appurtenant irrigation water right. During due diligence, Tom discovers that the seller has not used the water right for irrigation in over 15 years. Which concern is most relevant under Kansas water law that Tom should bring to his buyer's attention?
Correct Answer
A) The water right may have been forfeited due to non-use, and the buyer should verify its current status with the Kansas Department of Agriculture
Under the Kansas Water Appropriation Act (K.S.A. 82a-702), a water right can be subject to forfeiture if it has not been beneficially used for a period of time without lawful excuse. Extended non-use raises a significant risk that the right may have been forfeited or abandoned. Tom should advise his buyer to verify the current status of the appropriation with the Kansas Department of Agriculture's Division of Water Resources before closing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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