Doughton v. Morrow

SCHUMAN, R J.

Plaintiffs brought this action against defendant, the developer who sold them the lot on which they built their home. To service the home, plaintiffs drilled a well on what they believed—based on the location of an access road and cul-de-sac—to be the northwest comer of their property. However, because the cul-de-sac had been constructed in a location that differed from its location as established by a recorded easement, plaintiffs’ well and driveway were on a neighbor’s property, not their own. In their original complaint, plaintiffs alleged that defendant was negligent in not…