Leach v. Gunnarson

*33HOWELL, J.

This action involves the question whether an irrevocable license to use a spring on a grantee’s land is a breach of the grantor’s covenant against encumbrances if the license is an open, notorious and visible physical encumbrance. Petitioners (hereinafter "plaintiffs”) are third-party plaintiffs seeking damages for breach of the warranty deed from their grantor, the third-party defendant (hereinafter "defendant”). It was established at trial that plaintiffs’ neighbors, Henry and Betty Leach (hereinafter "the Leaches”), have an irrevocable license to use and maintain a spring on…