Mund v. English
Oregon Court of Appeals
684 P.2d 1248 (Or. Ct. App. 1984)
In 1977, the plaintiffs and the defendant, along with the defendant’s husband, purchased two adjoining parcels of land. They drilled a well on the defendant’s property and installed equipment so that both properties received water from the well. The parties shared the expenses. Relying on being able to receive water from the well, the plaintiffs built a residence on their land, which has no other source of water. The parties then disagreed over the allocation of the water, and took their disagreement to court. The plaintiffs claimed that the parties had agreed that they would have permanent access to the well. The defendant claimed that the parties had only agreed that the plaintiffs would have a revocable license to use the well. The trial court found that the plaintiffs failed to show that the parties had agreed that the plaintiffs would have a permanent interest in the well, and entered judgment for the defendant. The plaintiffs appealed.
Rule of Law
Holding and Reasoning (Rossman, J.)
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