Fresno Canal & Irrigation Co. v. Rowell

Citations

• 80 Cal. 114
• 22 P. 53
• 1889 Cal. LEXIS 871

Syllabus

<p>Contract—Agreement to Take Water for Use of Land—Covenant Running with Land—Lien. —A provision in an agreement between a land-owner and a water company, whereby the former covenants for himself and his successors in interest toitake water from the company for a stated period and price for the use of'the land, and that such covejmni should “run with and bind the land*”'creates a lien on the land for the water furnished for such use, which is, binding as against the successors in interest of the covenantor, with notice thereof; but it is not a covenant running with the land, so as to. he personally binding on the successor in interest.</p> <p>Id.—Actual Notice—Knowledge Sufficient to. Rut Subsequent Purchaser on Inquiry.—A subsequent purchaser will be charged with actual notice of such lien, if at the time he purchased the land he knew that the company had a water right in connection therewith, although he was ignorant of its exact conditions. Having such knowledge, it was his duty to inquire as to the water right, and his failure so to do will not relieve him from the obligation which the inquiry would have disclosed.</p> <p>Id. —Recording of Agreement—Acknowledgment by-One Party only. — Such agreement, although only acknowledged by the: land-owner, was entitled to be recorded, and its recording imparted notice to subsequent purchasers under him of the lien of the water company.</p> <p>Id. — Lien not Dependent upon Use of Water. — The water company, having complied with the conditions of the agreement with respect to furnishing water to the land, is entitled to. a lien therefor, whether the subsequent purchaser used the water or not..</p>