Romanchuk v. Plotkin

9 N.W.2d 421 (1943)

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Nature of the Case

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Facts

A sewer was installed by easement from the land of Romanchuk (P) onto the land of Plotkin (D). This event occurred over in 1922 nineteen years before P became the owner of the property. P had no idea that his sewer connection was based on an easement onto D's connection. It was a common event for the drains from the three homes connected to this one line to become clogged, and P discovered the truth when such an event occurred. P's share of the unclogging was $25 of which he paid $5 prior to the trial and the balance after the trial. D notified P that the easement for the sewer was to be severed. P sued to enjoin D from that act. The court found that P had an easement subject to paying their proportionate share of the cost of repairing and maintaining the sewer line. D appealed contending that the change of ownership of the land from the original owners did not account for the easement as the mortgage on the property was given before the easement was created, and those who obtained the property after foreclosure on the mortgage were not entitled to the easement, the easement was concealed, and the use of the easement was not necessary to the beneficial use of P's property.