Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and thank you for allowing me the opportunity to assist you.
No, the water district does not have the right to dictate the size of the easment.
Ultimately, if you cannot agree on the size of the easement, a judge would need to make that decision.
You can take this matter to court and ask for a declaratory judgment regarding the size of the easement.
The size of a prescriptive easement is based upon what has been used in the past.
The other party cannot get a larger easement than it already obtained through use.
If 10' is enough, then that is all they will be granted.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service! If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).