Thorstrom v. Thorstrom

Opinion

DONDERO, J.

Plaintiff and intervener appeal from a judgment that granted defendants an implied easement for exclusive use of water from a well on plaintiff and intervener’s property. We agree with the trial court that an implied easement exists under these facts, but further conclude that the scope of the easement granted to defendants is excessive, and reverse the judgment.

STATEMENT OF FACTS

Intervener Wayne Thorstrom and defendant Alan Thorstrom are brothers. This dispute between them is focused on the right to use water from a well constructed on property owned by their mother Evelyn…