Mund v. English

684 P.2d 1248 (1984)

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Nature of the Case

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Facts

Ps and are the son and daughter of D. In 1977, P and D purchased adjoining one-acre parcels of land. A water well was established on D land that year. Equipment and pipes were installed so that P and D received water from one well. Less than a year after installation, disputes arose over the rights to the well and water. This suit was the result; a declaratory judgment and specific performance. Ps contend that from the beginning, their interest in the well was to have been a permanent and irrevocable interest. D contends Ps' rights were subject to certain conditions. The trial court found for D in that Ps failed to prove that the parties had agreed that D would deed a 1/2 interest in the well to Ps as well as a permanent easement over the land for the installation of the water system. Ps appealed.