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Flaig v. Gramm
Montana Supreme Court
295 Mont. 297, 983 P.2d 396 (1999)
- Written by Rich Walter, JD
Facts
Benjamin and Verna Flaig (plaintiffs) lived next door to Marvin and Edith Gramm (defendants). The couples agreed to share a well, which both couples mistakenly believed straddled their property line. When the Flaigs discovered that the well lay entirely on the Gramms’ property, the Flaigs sued to establish an easement by estoppel to continue using the well. The Flaigs appealed the trial court’s judgment for the Gramms to the Montana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Leaphart, J.)
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