Kienzle v. Myers

• In 1981, a public sewer line was constructed along a road where 2 neighbors lived.
• The 2 neighbors were legally required to connect each of their houses to the public sewer system.
• 1 neighbor would have had to dig up her driveway to connect to the public sewer system. So, the other neighbor allowed her to install the sewer line in her trench to avoid having to dig up the driveway.
• As a result, the 2 houses would share a 207-foot-long sewage connector line to the street.
• In 1982, 1 neighbor's daughter & her husband Kienzle moved into 1 house with the independent sewer line.
• In 1989, the Myers family bought the house with the driveway to the street.
• In 2003, Kienzle (with an independent sewer line to the street) informed Myers that the revocable license to use its sewer line was terminated

• Kienzle sought to quiet title against Myers
• The trial court held that there was no easement by estoppel
• Kiezle won a summary judgment because Myers would have had to construct an independent line to the public sewer regardless

Does an easement by estoppel exist if a property owner has induced another to change position in reliance on a permissive use of the land?

Myers argued to have an easement by estoppel due to the verbal contract between the previous owners in 1981

An easement by estoppel may exist if a property owner causes another to change her position to her deteriment.

The owner of the land (Kienzle) is estopped from denying that the servitude over the land exists.

Reversed

Judge Singer: An easement may be created by

1. express grant,
2. implication,
3. prescription (in adverse possession cases), or
4. estoppel

A permissive use can never become a prescriptive easement.