Ricenbaw v. Kraus

61 N.W.2d 350 (1953)

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Nature of the Case

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Facts

Hannah obtained oral permission from Knutson to put a tile across Knutson's land in order to drain this small pocket which then existed on the land Hannah had purchased. The tiling was to be done in such a manner that it would not bother Knutson in the farming of his land, that is, Hannah was to level off the ground after laying the tile and thereafter take care of it. Since 1901 the natural surface drain of a small area or pocket on P's land has been supplemented by this tile drain that Hannah built. P bought Hannah’s land, and Kraus bought Knutson’s. In 1952, D plugged the flow of water onto his land. P sued for crop damages and recognition of an easement over D’s land. The court held that the drainage was originally a license and when P made improvements the license could not be revoked. The court awarded crop damages to P and held that P had an easement and enjoined D from interfering with the drain or the maintenance of the drain. P appealed.