North Fork Water Co. v. Edwards

Citations

• 121 Cal. 662
• 54 P. 69
• 1898 Cal. LEXIS 970

Syllabus

<p>Easement—Pbescbiption—Ditch—Wsongful Dischabge of Storm Wateb. An easement acquired by prescription in a ditch carrying water for domestic use, and so constructed by plaintiff along a hillside near the edge of defendants’ land as to receive and carry away the storm water flowing in depressions down the hill, and to prevent its flow over the land of the defendants, who, relying upon the continuance of the prevention of such flow, had graded their land, filled up the depressions, and planted trees thereon, does not include the right of the plaintiff subsequently to construct aprons across the ditch at such depressions, so as to discharge the storm water across the ditch to the injury of the defendants.</p> <p>In.—Limitation of Easement—Rights of Sebvient Estate—Continuous Divebsion of Wateb.—The acquired easement upon the servient estate of the defendants was limited to the right of the plaintiff to maintain the ditch so as to close the depressions receiving the storm water, and to convey it away from the land of the defendants, who had the right to treat their lands as though no depressions or drainage channels had ever existed, and to assume that plaintiff would continue the use of the ditch in the same manner , in which it was used in acquiring the right.</p> <p>In.—Necessity fob Discharge of Wateb—Pollution fbom Cultivation of Lanes.—An apparent necessity for the use of aprons across the ditch to discharge the storm water, in nowise connected with the origin of the easement for the ditch, but arising from increased pollution of the storm water, owing to subsequent rightful cultivation of lands above the ditch, thereby interfering with the water carried for domestic use, cannot justify its discharge upon the servient lands of the defendants, as against whom the carry, ing away of the storm water entered into the user by which the prescriptive right to the easement was acquired. Such necessity is a condition which should have been provided for in the acquisition