Ross v. Hagen

LeRoy Ross and his wife purchased, in August, 1953, a five-acre tract of property adjoining that of Louis A. Hagen and wife. The Hagen property was subject to a recorded water easement for the benefit of the Ross property. The provisions of the easement required the Hagens to furnish a minimum of one-half inch of water from a well located on the Hagen property. The Rosses were to pay a monthly minimum charge for the water.

August 14, 1953, the Rosses commenced occupying the premises, and shortly thereafter the Hagens did not comply with the easement requirements. September 23, 1955, Le-Roy…