Romanchuk v. Plotkin

Plotkin (defendant) owned a corner lot with a duplex connected to the public sewer through a shared drain. He later bought and mortgaged an adjoining lot and connected its house to that same shared drain. When Plotkin defaulted on the mortgage, the adjoining lot was foreclosed and eventually sold to Romanchuk (plaintiff). Years later, after the shared drain clogged and needed repairs, Plotkin tried to disconnect Romanchuk's property from it. Romanchuk sued to stop him, and the trial court found Romanchuk held an implied easement in the drain.