Schmidt v. Eger
Michigan Court of Appeals
289 N.W.2d 851 (1980)
Schmidt (plaintiff) leased land to Eger's (defendant) company in 1968, then in 1969 developed an adjacent lot -- which became part of Eger's leasehold -- by building a drainage ditch that served other property Schmidt owned. After Eger bought the leased property in 1973 and announced plans to grade over the ditch, Schmidt sued to establish an implied easement, presenting evidence that an alternative drainage system would cost at least $30,000, but the trial court ruled for Eger.
Whether an easement will be implied on a severed estate if, during the unity of title, an apparently permanent and obvious servitude was imposed on one part of the estate in favor of another, the servitude is continuous, and the easement is reasonably necessary for the fair enjoyment of the property it benefits.