Methonen v. Stone

The Hedes subdivided land into 11 lots and dug a well on Lot 10 that supplied water to the other lots. In 1974 they sold Lot 10 to Albertini subject to an unrecorded agreement (recorded only in 1985) that Albertini would keep providing water service to the other lots. In 1976, Marcus and Gwendolyn Methonen (defendants) bought Lot 10, with the deed referencing recorded easements and a well site shown on the subdivision plat — but the plat only showed the well's location, not any duty to serve other lots. The Methonens knew at purchase that water lines ran from the well to other lots, and they collected water-service payments from other lot owners for years before cutting off service in 1985, when the 1974 agreement was finally recorded. Rick Stone (plaintiff), an owner of another lot, sued claiming an easement for water service; the trial court granted Stone summary judgment.