Q: In California, our neighbor has an easement on our property which says "An easement for well purposes located within
an existing well site in the southwesterly portion of Parcel 2, of said Parcel Map hereinbefore mentioned." It dates back to the 1974 landowner's parcel map. In 2008, that property was a rental, and was vacated by tenant.The electrical hookup and pipes to the well were disconnected when he left.Until now, the house was unoccupied & not rented.A new owner bought it in 2016 and got a bldg permit to demolish the shack and extend the sewer line.They will be required to hook up to water by our City, as well, for the residents. Do they still have a legal right to use the easement for irrigation water from our well, if they choose to do so? Or can we get an attorney's letter stating that it was abandoned & we have been using the well for orchard & plant irrigation since then--and therefore we took possession? Or do we have to get the new owner to file a Quit Claim on the easement? Thank you.
A:
This is a great question and unsuitable for analysis in this Q&A forum. Hire a lawyer to review the related documents. See: http://law.justia.com/codes/california/2010/civ/887.010-887.090.html
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