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Van Sandt v. Royster

Kansas Supreme Court
83 P.2d 698 (1938)


Facts

Laura Bailey owned three plots of land. On the easternmost plot, Bailey built a house and connected it to the public sewer system by pipes running under the other two lots. In 1904, Bailey sold the westernmost lot to Jones by general warranty deed. Jones knew about the sewer and connected his own house to the line. Eventually Jones’s lot was conveyed to Van Sandt (plaintiff). Meanwhile, Bailey conveyed the center lot to Murphy by general warranty deed, and Murphy built a house and connected it to the sewer line. This house was eventually conveyed to Royster (defendant). In 1936, Van Sandt’s basement flooded with sewage. Van Sandt investigated and discovered sewer line under his property. Nothing in any of the conveyances or visible on the land indicated the presence of the pipes. Van Sandt asked Royster to stop discharging sewage across the land. Royster refused, and Van Sandt sued. The trial court found for Royster and enjoined Van Sandt from interfering with Royster’s use of the pipes. Van Sandt appealed.

Rule of Law

Issue

Holding and Reasoning (Allen, J.)

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