Bullis v. Schmidt

The plaintiffs ground their cause of action for breach of the covenant against incumbrances upon the alleged existence of an implied easement, to maintain the underground sewer and water pipes across the plaintiffs’ premises, which easement runs for the benefit of the adjoining property to the east.

The subject of implied easements is well discussed in 2 American Law of Property, pp. 255-263, secs. 8.31-8.43; 1 Thompson, Real Property (perm, ed.), pp. 630-674, secs. 390-411; and Anno. 58 A. L. R. 824. The last-mentioned annotation is limited specifically to implied easements with respect to…