Mund v. English

The plaintiffs and the defendant, along with her husband, jointly bought adjoining land in 1977 and cooperated in drilling a well on the defendant's parcel, sharing expenses so both properties could draw water from it; the plaintiffs then built a home on their own parcel — which had no other water source — relying on continued access to the well. When the parties later disputed how to allocate the water, the plaintiffs claimed they had a permanent right to the well, while the defendant claimed only a revocable license had ever been granted; the trial court found insufficient evidence of an agreed permanent interest and ruled for the defendant, and the plaintiffs appealed.