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Property Keyed to Saxer
Ricenbaw v. Kraus
Facts
In 1900, Oscar Knutson owned the northeast quarter of a tract of land. A.L. Hannah purchased the northwest quarter. Hannah obtained oral permission from Knutson to lay tile across Knutson’s land to drain a small pocket of Hannah’s land. In 1901, Hannah laid tile across 160–250 feet of Knutson’s land. The drain’s existence was not disclosed in any recorded deed. Norman A. Ricenbaw (Plaintiff) came to own Hannah’s land and Emil Kraus (Defendant) came to own Knutson’s land. In 1952, Defendant plugged the drain, causing damage to Plaintiff’s crops. Plaintiff sued Defendant, claiming a drainage easement. The trial court held that Plaintiff had an easement over Defendant’ land, and had the right to enter Defendant’ land to maintain the easement. The trial court also enjoined Defendant from interfering with the tile drain or interfering with Plaintiff’s maintenance of the tile drain.
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