Consolidated Drainage District No. 2 of Scott County v. Mock

DANIEL E. SCOTT, Chief Judge.

A drainage ditch separated Thomas Mock’s farm from property owned by the Arnolds. The trial court granted Respondent District a forty-foot easement along Mock’s side of the ditch 1 “predicated on the theory of common law dedication, easement by prescription or estoppel.” Because the record does not support this conclusion, we reverse the judgment in part. 2

Background

The 14-mile Blue Ditch (a/k/a Glade Ditch) is part of a system built long ago to drain cypress swamps, and now is within the District’s jurisdiction. 3 About a mile of the ditch splits the Mock and…