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

In Washington, water law affects real estate transactions because it determines who has the right to own and use the water on a particular property. Water rights are divided into two general categories: surface water and groundwater. In Washington, a person who owns land is generally assumed to own the surface water and the groundwater beneath the land. This is known as the “Rule of Capture.” When a property owner sells their land, the water rights associated with that land are also typically transferred to the new owner. This means that the new owner is now entitled to the same water rights as the original owner. The State of Washington administers a system of water right permits that must be obtained in order to use the water on a particular property. When property owners buy or sell real estate, they must consider how the water rights are associated with the land they are buying or selling. In Washington, water rights are a valuable asset of property because they can often be transferred to new owners, leased or sold. When water rights are transferred, the new owner must obtain a valid water right permit from the Department of Ecology in order to legally use the water. If a seller fails to transfer the water rights, the buyer may be legally liable for any unauthorized use of the water. In summary, the law of water ownership affects real estate transactions in Washington by determining who is entitled to use the water on the property. When a property is sold, the water rights associated with the land must usually be transferred to the new owner. The new owner must then obtain a valid water right permit from the Department of Ecology in order to legally use the water.

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

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