Property Ownership
When selling Idaho farmland with appurtenant water rights, the water rights:
AAre automatically retained by the seller unless explicitly transferred
BTransfer with the land unless expressly reserved by the seller in the deed✓ Correct
CMust be sold separately under Idaho law
DAre extinguished upon sale of the land
Explanation
In Idaho, water rights appurtenant to land generally transfer with the land unless the seller expressly reserves them in the deed. Buyers of agricultural land should confirm what water rights are included.
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