Do you have water on your property?
Wondering what rights you have to that water?
The difference between the rights provided by a deed and also those of a patent are astronomical.
The land patent restores your rights as a landowner, as well as the right to natural resources on your property (that a deed does NOT provide).
Do I Have Water Rights on My Property?
What Are Water Rights?
Water rights pertain to the legal rights of property owners to access and use bodies of water adjacent to lands they hold.
Different types of waters rights exist based on various forms of water that border or also exist on a property. In the United States, water rights can vary in the eastern and western parts of the country.
The western states have historically followed the prior appropriation doctrine, which grants the right to divert water to the first person who started using the water.
Most eastern states follow what is known as the riparian doctrine, which limits water use to the owner of the land adjacent to the water.
How Water Rights Work
Landowners typically have the right to use the water as long as such use does not harm upstream or downstream neighbors. In the event the water is a non-navigable waterway, the landowner generally owns the land beneath the water to the exact center of the waterway.
Littoral rights are a type of water rights that pertain to landowners whose land borders large, navigable lakes and oceans. There are tides and currents that affect these bodies of water, but they do not flow by the land in the manner of streams and rivers.
Landowners with littoral rights have unrestricted access to the waters but own the land only to the median high-water mark.
Water rights are appurtenant, meaning they run with the land and not to the owner.
A land patent means the difference between true ownership & freedom or having Big Brother Government treat you like a baby that has to beg for permission to do virtually anything to your own property…
Once a land patent is in place the land cannot be taxed, foreclosed, civilly litigated against, or used by state or federal government for other purposes (via eminent domain).
Do I Have Water Rights on My Property with a Land Patent?
How Water & Mineral Rights Work with a Land Patent
The chain of title must be researched.
If it never came back into contact with the government, through tax sale, then it remains without the government jurisdiction according to most case law.
However, technically surface water belongs to the state, a landowner can pump whatever water he finds below the land.
It’s called ‘the rule of capture’. One can pump as much as they wish and even sell it to whoever wants it, wherever they are, no matter if they dry up their water and their neighbors’ water along with it (we don’t recommend this)!
If well water is under the land, the owners of the patent also own the water. The same is true for any mineral rights. Real Estate Secrets shows you how you can take back your right to any natural resources found on your property.
The future of our world seems more unsure than ever, but Real Estate Secrets provides surety for your home and your future. Check it out and learn how you can patent your property in 90 days.
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