Easements: Equity. An adjudication of rights
with respect to an easement is an equitable action.
Easements: Real Estate: Conveyances. An
easement by implication from former use arises only where (1)
the use giving rise to the easement was in existence at the
time of the conveyance subdividing the property, (2) the use
has been so long continued and so obvious as to show that it
was meant to be permanent, and (3) the easement is necessary
for the proper and reasonable enjoyment of the dominant
Easements: Proof. The degree of necessity
required to prove the existence of an implied easement from
former use is reasonable necessity.
Easements: Words and Phrases. Reasonable
necessity means that the easement is necessary for the proper
and reasonable enjoyment of the dominant tract as it existed
when the severance was made.
Easements. Every easement carries with it by
implication the right of doing whatever is reasonably
necessary for the full enjoyment of the easement itself,
including the right of access to make repairs and enter upon
the servient estate for this purpose.
An owner of a dominant tract may not inflict any unnecessary
injury to the servient tract in making easement repairs.
from the District Court for Frontier County: Donald E.
R. Baumann and Angela R. Shute, of Kelley, Scritsmier &
Byrne, P.C., for appellant.
A. Rasmussen and Patricia L. Vannoy, of Mattson Ricketts Law
Firm, for appellee.
Neb.App. 100] Moore, Chief Judge, and Inbody and Riedmann,
Arnold appeals from an order of the district court for
Frontier County, Nebraska, determining the boundaries of
easements across his land for access to and repair of an
irrigation well and underground pipeline. Following our de
novo review, we find no error in the determinations of the
district court and, accordingly, affirm its judgment.
and Marvin Arnold are brothers who own and farm adjacent
parcels of land in Section 23, Township 6 North, Range 26
West of the 6th P.M., Frontier County, Nebraska. Harvey owns
the southeast quarter of Section 23 and Marvin owns the west
half of Section 23. Harvey and Marvin have farmed their
respective tracts of land under lease agreements with their
father, Dorrance ...