January, 2004
A River Runs Through It.
Our case study this month is Meadowbrook Springs v. Booferton. Mary Meadowbrook is the owner of Meadowbrook Springs and is in the business of providing bottled spring water from the spring on her farm. Bart Booferton, the owner of Booferton's Beans, owns the house behind Mary's farm, and he needs to use Mary's driveway in order to reach his property. Fred Farmerboy used to own both pieces of property before he subdivided it into two lots. When he did this, he gave Booferton's lot a Right-of-Way over Mary's lot. (See the map below)
Now that town sewer is available on Oak Street, Bart wants to hook up ASAP. So he tells Mary that he is going to be laying in the pipes under her driveway.
Mary:
No way are you tearing up my driveway!
No way are you tearing up my driveway!Bart:You have no choice. I have a Right-of-Way.
You have no choice. I have a Right-of-Way.Mary:That only gives you the right to cross over my land, not to lay utility pipes in underneath it. Besides, if one of those pipes were to spring a leak I'd have your $#!* floating in my spring and I'd be out of business.
That only gives you the right to cross over my land, not to lay utility pipes in underneath it. Besides, if one of those pipes were to spring a leak I'd have your $#!* floating in my spring and I'd be out of business.Bart:Listen, I just ate Jon Bessette's gourmet cooking. My septic system can't take another hit like that. If you don't let me lay in these pipes I'll take you to court.
Listen, I just ate Jon Bessette's gourmet cooking. My septic system can't take another hit like that. If you don't let me lay in these pipes I'll take you to court.Mary:Fine. See you in court.
Fine. See you in court.So they go to court. Who wins?
