Camp v. Milam

Milam (defendant) agreed to build an artificial lake on the Camps' (plaintiffs) property in exchange for a parcel of land and free recreational access to the lake; once the lake was completed, the Camps conveyed the parcel to Milam via a deed that never mentioned the lake, and Milam then built a house there and used the lake recreationally for at least five years. The Camps later sued to evict Milam from lake access, arguing his use interfered with theirs, and Milam counterclaimed that he held a full easement and running covenant based on their agreement; the trial court agreed with Milam, finding an easement appurtenant, and the Camps appealed.