Hurley v. Liberty Lake Co.

Citations

• 112 Wash. 207
• 192 P. 4
• 1920 Wash. LEXIS 737

Syllabus

<p>Deeds (37)—Property Conveyed—Appurtenances. Sewage and water systems composed of springs, pumps, tanks, etc., attached to land belonging to a land company are not “appurtenances” within the meaning of deeds of conveyance of lots sold by the company; since real property cannot be appurtenant to real property.</p> <p>Same. The free use of sewage and water systems was not intended to pass as an “appurtenance” to lots sold by a land company, where it appears that there was no representation to that effect in advertising circulars used in a vigorous selling campaign holding out alluring inducements to prospective purchasers, and no claim of oral representations to that effect by agents, or any assertion of the right by purchasers for a period of ten years.</p> <p>Waters and Water Courses (65)—Conveyances—Rights Appurtenant to Other Estate. Purchasers of lots supplied by a water system installed by the vendor and necessary to the enjoyment of the property cannot claim a free right to the continual flow of the water through the servient premises as an appurtenance, where a greater part of the system did not exist at the time of the conveyances, and the water did not run freely and without control, since the vendor had placed shut-offs at the property lines, thereby expressing its control and ownership in the water.</p>