Nelson v. Johnson

The Wakes sold part of their land (later owned by the Johnsons, defendants) to a buyer but reserved a right of way and spring-water rights for watering livestock on the ranch portion they kept, which they later sold, together with the reserved water rights, to the Nelsons (plaintiffs). The Johnsons treated the Nelsons' use of the road and spring as mere revocable "permission" rather than a binding easement, then tried to cut it off; the Nelsons sued to enforce their rights, and the trial court found an appurtenant easement benefiting the ranch (dominant estate) over the farm (servient estate). The Johnsons appealed.