White v. Randall

OPINION

¶ 1 Leon J. White appeals from the district court's judgment awarding White an easement for the passage of water across appellee Jerry Randall's property but denying White's request that Randall be required to reconstruct a pond on his property for White's benefit. We affirm.

BACKGROUND

¶ 2 White and Randall both purchased their neighboring Sanpete County properties from a common grantor, Kaziah May Hancock. Hancock originally owned approximately thirty-seven acres. There was a pond on the upper portion of the property that was equipped with a valve such that Hancock could accumulate…