Ricenbaw v. Kraus
Nebraska Supreme Court
61 N.W.2d 350 (1953)
In 1900, Oscar Knutson owned the northeast quarter of a tract of land. A.L. Hannah purchased the northwest quarter. Hannah obtained oral permission from Knutson to lay tile across Knutson’s land to drain a small pocket of Hannah’s land. In 1901, Hannah laid tile across 160–250 feet of Knutson’s land. Norman A. Ricenbaw (plaintiff) came to own Hannah’s land and Emil Kraus (defendant) came to own Knutson’s land. In 1952, Kraus plugged the flow of water onto his land. Ricenbaw sued Kraus. The trial court held that Ricenbaw had an easement over Kraus’ land, and had the right to enter Kraus’ land to maintain the easement. The trial court also enjoined Kraus from interfering with the tile drain or interfering with Ricenbaw’s maintenance of the tile drain.
Rule of Law
Holding and Reasoning (Wenke, J.)
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