Real Estate Law
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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.
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