Cricenti v. Bewley

The issue in this case is whether the evidence supported the master’s finding that a right to use water from a spring had been lost by abandonment. We hold that it did.

Plaintiffs are the owners of land located on the westerly side of Route 11 in New London. The deed conveying the property to plaintiff’s father, Joseph Cricenti, in 1948 recited a water right from a spring located on land now owned by defendants located on the opposite side of the highway conveyed by “Fred B. Gay . . . July 20, 1920 and recorded with the deed.” The 1920 deed was not recorded, however, and has been lost.

Plaintiff…