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My question is a canal runs through my property and

My question is a...

My question is a canal runs through my property and irrigation co has had easement through it for many years on one side of the very small canal now they are trying to take 14’ on the other side which is also my property. Can they do that. I’m in idaho

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No papers just trying to talk to the irrigation co.

Lawyer's Assistant: Have you talked to an ID lawyer about this?

No they’re to expensive. We are on ssi

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Answered in 25 minutes by:
3/28/2018
Edward Young
Category: Legal
Satisfied Customers: 512
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a few minutes to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
Ok thank you

I need more information so that I can help you. Is the canal easement recorded on your deed or is just a matter of historical use?

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Customer reply replied 3 months ago
In my deed they have easement on one side of the canal. When they said for us to move our trailers because they were taking easement on the other side I told them they did not have easement in my deed they said that Idaho statutes allows them to take it

Since you have a deeded easement that says where the canal is, they cannot just unilaterally expand and ignore it. To protect your rights, however, you are going to have to hire a lawyer. If you win, you can ask the judge to order them to pay your legal fees. A good lawyer can also negotiate a settlement for you so that you do not pay legal fees. There are questions to ask your lawyer doing your free consultation. Here is a lawyer in Idaho who can help you:

Randall C. Budge (###) ###-#### https://www.racinelaw.net/irrigation-easement.html (free consultation)

I started looking for more attorneys but the only ones that I can find right now represent canal companies exclusively. Call this attorney and see what they say. If they cannot help you I will find someone who can.

I hope this helps. Please go ahead and rate me. I get no credit for my work for you until you rate me. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question, I would appreciate it if you ranked my service excellent/5 stars at the top of the page. A BONUS is also appreciated if you think that I have earned one.

Edward Young
Category: Legal
Satisfied Customers: 512
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified
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Customer reply replied 3 months ago
Thank very much

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.

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