Aylmore v. Bickford

Citations

• 118 Wash. 28
• 202 P. 249
• 1921 Wash. LEXIS 913

Syllabus

<p>Covenants (11) — Running With Land — Water Contract — Construction. Where owners of land on which springs were located, who had collected and stored the water for domestic use, entered into an agreement with the owner of lands over which the waters of the springs had been accustomed to flow, stipulating that the latter should be permitted to tap their pipe and take one-third of the water in consideration of his grant to such appropriators of all his right, title and interest in the waters of such springs, the agreement did not constitute a covenant running with the land.</p> <p>Waters and Water Courses (67, 68) — Conveyances—Water Contract — Rights and Liabilities oe Parties. The owner, of lands who has a water contract providing for service of water to himself is under no obligation to provide water service to purchasers of subdivisions of his land, where the contracts do not so provide; nor is a purchaser of a tract entitled to the use of the pipe line without the owner’s consent, where the pipe was laid after sale to such purchaser in such a manner as to clearly indicate the owner’s dominion and control over it.</p>