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IdahoBiker · Jan 14, 2009, 04:36 PM

In 2005, I sold some property(in Idaho), 2-25' Lots, one of the Lots had my Water Well on it. I negotiated with the Buyer(Contractor) and He re-conveyed the Water Rights back to me, Before the Sale of Land took place. When I did the Signing at the Title Company, there was an Addendum that re-conveyed All Water Rights back to Me (Seller). However, this Conveyance Never got written into the New Deed. The New Purchaser(Home Owner/purchaser) Cut-off My Well & My Water... I contacted the Title Company and they Informed me that the Addendum was Not in the correct format to be entered into the New Deed, whatever that means? So, What recourse do I have? The Cost of Drilling another 300' deep well with Pump, Plumbing, and Electrical is about $14,000, seems to me That someone should be held accountable for that amount? Where do I go from here?
Not getting any cooperation from the Realtor, or the Title Company...

LisaB4657 · Jan 14, 2009, 04:40 PM

You have to sue the person who was responsible for deeding the water rights back to you as well as the person who was responsible for preparing and recording the paperwork.

IdahoBiker · Jan 15, 2009, 12:54 PM

Originally Posted by LisaB4657

You have to sue the person who was responsible for deeding the water rights back to you as well as the person who was responsible for preparing and recording the paperwork.

So, does that Mean I have to Sue The Realtor? The Buyer? The Title Company?Sounds like that could be expensive...

LisaB4657 · Jan 15, 2009, 12:57 PM

Who gave you the deed that was supposed to include the water rights in it? You have to sue that person.

Who prepared the deed that was supposed to include the water rights? You have to sue them too.

Yes, it may become expensive. But if you have good proofs then you have a good case, which means that you'll win, and also means that you may win your legal fees as well.

IdahoBiker · Jan 15, 2009, 01:20 PM

Originally Posted by LisaB4657

Who gave you the deed that was supposed to include the water rights in it? You have to sue that person.

Who prepared the deed that was supposed to include the water rights? You have to sue them too.

Yes, it may become expensive. But if you have good proofs then you have a good case, which means that you'll win, and also means that you may win your legal fees as well.

I don't have a New Deed, I was able to "Look" at the New Deed that the New Owner of the Property (the Buyer that Purchased the New Home, from the Contractor that Was the Initial Buyer of My Land) had, and the Water Rights conveyance was not in there...
The New Deed was prepared by the Title Company(LandAmerica Transnation Title & Escrow)... "they" (Title Company) informed me that the Conveyance of the Water Rights back to me was not written in the correct format? So they couldn't adjoin it to the New Deed?? (Even though I have a "Addendum" that stipulates the Water Rights remain with the Seller)

LisaB4657 · Jan 15, 2009, 02:23 PM

Ok. You sue the contractor who promised you the water rights and you sue the title company that was supposed to incorporate it into the deed. (I don't care what they're telling you about proper or improper format. If there was a contractual agreement and they prepared a deed in violation of that agreement then they are responsible.)

Who handled things for you when you sold the property to the contractor? Your water rights should have also been reserved in the deed you gave to the contractor. You can sue the person who represented you in that transaction as well.

When you have a complex situation like this you have to sue everyone and then let the court sort it out. If you don't sue everyone involved then you run the risk of losing your right to sue later.

IdahoBiker · Jan 16, 2009, 11:57 AM

Originally Posted by LisaB4657

Ok. You sue the contractor who promised you the water rights and you sue the title company that was supposed to incorporate it into the deed. (I don't care what they're telling you about proper or improper format. If there was a contractual agreement and they prepared a deed in violation of that agreement then they are responsible.)

Who handled things for you when you sold the property to the contractor? Your water rights should have also been reserved in the deed you gave to the contractor. You can sue the person who represented you in that transaction as well.

When you have a complex situation like this you have to sue everyone and then let the court sort it out. If you don't sue everyone involved then you run the risk of losing your right to sue later.

The Contractor (Buyer) submitted a updated proposal that had a Handwritten & Signed statement saying that he was reassigning the Water rights including the Well back to the Seller(me), and he not only Signed the Document, but the Hand-written re-conveyance as well.
My Representation was being handled by an Agent of Keller-Williams(that I signed contract with to represent me/ to sell the property)
So, from My Stand-point the Realtor Handled all the Paperwork up to the Point that I went to the Title Company to Sign all those Documents of the Sale, and when I did that, the "Addendum for Re-Conveyance of the Water rights back to the Seller" was included in those Docs.
Therefore, on what I'm picking up from you is That I need to File suits against the Buyer(Contractor), My Real Estate Agent/Company, and the Title company?
Now all I have to do is Find a Hungry attorney to represent me that specializes in Real Estate Law, that charges less than $250/Hour (since I can't afford that at this point).

LisaB4657 · Jan 16, 2009, 12:11 PM

Originally Posted by IdahoBiker

Therefore, on what I'm picking up from you is That I need to File suits against the Buyer(Contractor), My Real Estate Agent/Company, and the Title company?

Exactly.

Now all I have to do is Find a Hungry attorney to represent me that specializes in Real Estate Law, that charges less than $250/Hour (since I can't afford that at this point).

They're out there so keep looking. And from what you've said here you have a great case. So look for an attorney who will give you a free consultation and see if you can work out a reasonable payment plan with them.

IdahoBiker · Jan 16, 2009, 12:37 PM

Originally Posted by LisaB4657

Exactly.

They're out there so keep looking. And from what you've said here you have a great case. So look for an attorney who will give you a free consultation and see if you can work out a reasonable payment plan with them.

Just hope by the Time the "Dust-Settles" there's enough $$$ left over to get me another Well (as far as I'm concerned Well-Water is a whole lot Better than City Water:( ) since by all Intent That Well had Paid for itself; especially during the Summer for Irrigation of My Lawns, and Shrubs:)

LisaB4657 · Jan 16, 2009, 12:47 PM

Your case sounds really good. So you should be able to win the cost of getting water, your legal fees, court costs, and any other damages you had (such as the money you've spent to get water while all of this is going on).

Good luck!

LisaB4657 · Jan 16, 2009, 01:27 PM

Thank you! :)

Now go get 'em!