Bell v. Sausalito Land & Ferry Co.

Citations

• 4 Cal. Unrep. 53
• 33 P. 449
• 1893 Cal. LEXIS 1017

Syllabus

<p>Easements—Water Bights.—Plaintiff, With Defendant’s consent, conducted water to a tank on his lot from a spring on defendant’s lot. Thereupon he took possession of another lot, owned by defendant, and conducted water to the latter lot from the tank. Having used the water about eight years, he surrendered possession of the lot to which he had no title, and about a year thereafter purchased the same with its appurtenances, and sold the lot on which was the tank. In the conveyance to plaintiff no mention was made of the right to use the spring, but there was evidence that it was understood that he might use it so long as defendant did not need it. Held, that plaintiff had no water rights in the spring appurtenant to the lot.</p> <p>Easement—Water Eights.—The Court Having Found for plaintiff in an action to enjoin the cutting off of the water, an assignment of error that there was no evidence to show any grant of the use of the waters of the spring to plaintiff was sufficient.</p> <p>Easement—Water Eights.—And so of an Assignment that there was no evidence that an easement had been created in favor of the premises deeded to plaintiff, or that a servitude had attached to the land where the spring was located.</p> <p>Easement—Water Eights.—An Assignment That There was no evidence to show the existence of an easement at any time in favor of plaintiff’s land to the spring was likewise sufficient.</p>