From the realtor:
Hello, I see what you are talking about. He does not have an easement. I just spoke to him on the phone, and he is a nice guy who has been getting his water from that source for many years. His name is [REDACTED] and his number is [REDACTED]. I would prefer to spoke to him directly and maybe come to an agreement. I have his permission to share his name and number with you.
He said that the water station is on the property to the East but its very hard to know for sure without a survey. On X is close but no completely reliable.
Sooooooo….thats a no on the easement. Which means, IF the borders shown were correct, the piping and watering station are on the listed property. But thats too big an ‘if’ to take into a conversation with this guy. I need to be 100% sure of (literally) where I stand in regard to property lines.
A boundary agreement is probably the best method to solve the problem. It lets the other owner know they’ve encroached on a property, determines how any improvements, or access is handled, and usually has a demand that major modifications require removing everything. It’s either that, or granting an easement, but neither method is useful unless a survey is accomplished, or a line of sight can be made between exposed property corners.
Please explain for us “flat Landers” the need or use for a watering station in a remote location, not on an established hiking trail?
If youre house doesnt have running water, you need to get water from somewhere.
That’s good news. Surveys are expensive, but modern GPS should be close enough (won’t be down to the “inch”) to know where everything is.
If you play the cards right, you could make a friend and have a water source yourself.
My organization had to do a survey to deal with a property dispute that emerged decades after we bought the property. The property is 45 acres, wooded and hilly, but not too steep. The last survey was 30 years ago and the pins were eroded, buried under accumulation and one was embedded in a tree. There were 11 corner pins on the property. The bids were $12,700, $10,450, $7,500, $4,700 and $4,500. We went with the low bid, which was a respectable engineering firm. It took 2 days, they put in wooden stakes with flags at all the corners and every 100 yards. We also received three large “signed” maps with the established boundaries.
If the sellers want to sell it, they should pay for the survey.
Hopefully, if you are interested in the property, something can be worked out with the neighbor. He might be a good dude (or a giant piece of shit.) Only one way to find out!
Careful and constant Water diplomacy is in your future Commander.
Not just with this “nice fellow” but all that are somehow related to him as folks get sick or die and that “agreement” is now under new management.
As your well aware in the west water has caused more than a few murders and war like feuds over the years.
Even with a agreement, I’d get a good tested well in STAT.
How long ago was it surveyed? Many jurisdictions require anything with a survey over a certain age to be resurveyed when it’s an “arms length” transaction (i.e. public, not family or friends).
The age may vary. I had to do it for the farm I own, it was last surveyed in the 1940’s.
Does polypipe – appears to be open and notorious use – qualify for prescriptive easement in MT? How long has pipe been in use ?
Could area pipe is laid upon be grounds for adverse possession claim in MT?
What kind of water rights will convey with purchase of the parcel?
A or ‘THE’ Local surveyor may be a good call and get well driller referral ( costs and fees)
Hth
When you sort out this water issue, give some thought (if only some “contingency thought”) to a rain catchment system off your roof. I don’t know the weather where you are (other than it gets cold) but a few good rainstorms or the snow melt might fill up a bunch of IBC Totes. You may not consider it for drinking, but it might be suitable for other uses….washing machine, if you put one in, or watering the garden, if you put one in.
If the prior owner gave him permission to lay that across there then it is not adverse possession it was permissive use
And permissive use is not an easement and can be revoked
Find the deed of transfer to the prior owner should be a copy at the local courthouse
CZ:
Hope you have a “grounded” Paratus.
You need to get the water tested for sure. In your part of the country there is a lot of water with lead, asbestos and radioactive contaminants. Some can be mitigated, some not. Know before you buy.