Olson v. H & B PROPERTIES, INC.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that an easement should be construed according to the intent of the parties
• interpreting the trial court’s role as factfinder in a cessation of purpose case
• describing the 1934 creation of a cotenancy in the usage of a ditch, where the two current cotenants in the ditch usage were successors in interest to five original cotenants
• ditch easement consists of right of dominant estate for water flow through ditch structure which is property of and located on servient estate
• “Water rights are derived from appropriation for beneficial use, while ditch rights are derived from ownership of the ditch and an easement in it.” (emphasis added)
• “New Mexico cases have long recognized that ditch rights and water rights are distinct, are derived from different sources, and are governed by different rules of law.”

Source: CourtListener parenthetical corpus (CC0).