During a title search, a buyer discovers that the seller's property includes a 1985 deed that reserved 'all water rights' to a prior owner. The property sits above a productive aquifer. How should the buyer's agent advise the buyer regarding the underground water?
Correct Answer
D) The buyer should consult an attorney because the 1985 reservation may still limit the buyer's water rights
A reservation of water rights in a prior deed remains in effect regardless of age unless it has been released or reconveyed. The buyer should obtain legal counsel to determine the scope and enforceability of the reservation before purchasing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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