How does the law of water ownership affect real estate transactions?

The law of water ownership in California affects real estate transactions in various ways. As water is a limited natural resource, the state of California imposes strict regulations relative to water ownership and usage. Under California’s water law, a “riparian right” exists between a landowner and the natural water source, such as a river, stream or lake, on the landowner’s property. This means that the landowner has a legal right to a certain amount of water from that source. When determining the amount of water possessed by the owner, the nature of the water source, its capacity for use and the number of landowners accessing it is taken into consideration. The right to access water from a natural source can be bought and sold as a part of a real estate transaction. When selling land with a water source, the seller should disclose the riparian right to the buyer. Upon purchase, the buyer then gains the legal right to the water. However, even if a landowner has the right to use a certain amount of water from their property, they cannot take more than their legal allotment. When buying or selling real estate in California, it’s important to understand the water rights associated with the property. Buyers should be aware of the amount of water provided by the water source and the legal obligations associated with that water before making a purchase. Knowing these limitations beforehand can help buyers make an informed decision.

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