Continental Enterprises, Inc. v. Cain

GARRARD, Presiding Judge.

Appellant (Continental) is the owner of a peninsula which extends into Sylvan Lake. Both the lake and peninsula were formed around 1838 when the state dammed the Little Elkhart River. This appeal stems from Continental’s second unsuccessful attempt to acquire an easement over the only unsubmerged land adjoining the peninsula. In its earlier action Continental had relied on the common law doctrine of easement by necessity, but because its land and the adjoining land of appellee (Cain) had never been held by a common grantor, we held that unity of ownership had not been…