Mund v. English

684 P.2d 1248 (1984)

Quick Summary

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Darrill and Verla Mund (plaintiffs) sued Ethel English (defendant) over rights to a shared water well. The dispute centered on whether there was a permanent agreement for well access between them.

The trial court sided with the defendant English, but upon appeal, it was determined that an irrevocable license had been created due to significant investments made by the plaintiffs. The appellate court reversed the lower court’s judgment, granting permanent water access rights to the Mund’s family.

Facts of the Case

Facts of the case Icon

Darrill Mund and Verla Mund (plaintiffs), the son and daughter-in-law of Ethel English (defendant), were embroiled in a legal conflict over access to water from a well. In 1977, the two families jointly purchased adjacent properties and constructed a well on the defendant’s land, sharing the cost of installation.

The plaintiffs built a home on their parcel, relying on the well as their sole water source. A disagreement concerning the well’s water usage led to this litigation, with the plaintiffs asserting their right to permanent access, while the defendant maintained it was a revocable privilege.

The trial court sided with the defendant, leading the plaintiffs to appeal.

Procedural Posture and History

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  1. The plaintiffs built a residence on their property based on the understanding that they would have permanent access to water from the well on the defendant’s property.
  2. A dispute arose over the water rights, leading to a lawsuit for declaratory judgment and specific performance by the plaintiffs.
  3. The trial court ruled in favor of the defendant, determining that there was no permanent agreement for well access.
  4. The plaintiffs appealed the decision to the Oregon Court of Appeals.

I.R.A.C. Format


Issue Icon

Whether the plaintiffs had a permanent and irrevocable right to use the well or merely a revocable license as claimed by the defendant.

Rule of Law

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An irrevocable license arises by operation of law when a licensee has made valuable improvements based on a promise, preventing the licensor from claiming the right to revoke the license.

Reasoning and Analysis

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The appellate court scrutinized both parties’ claims and previous court findings. Despite no formal agreement being documented, evidence indicated that both parties had intended a permanent arrangement for water access.

The plaintiffs had made significant investments in their property based on this understanding.

Consequently, the court concluded that an irrevocable license had been established by the defendant’s actions and the plaintiffs’ reliance on the same. This decision was anchored in preventing unjust enrichment and upholding equitable principles.


Conclusion Icon

The Oregon Court of Appeals reversed the trial court’s decision and remanded for entry of a decree granting the plaintiffs a one-half interest in the water well and system, an easement for access, and an equal share in maintenance costs with the defendant.

Key Takeaways

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  1. An irrevocable license can be established when valuable improvements are made based on an initial promise, even without a written agreement.
  2. The court will prevent injustice by not allowing a licensor to revoke such a license if it would result in significant harm to the licensee who relied on the promise.
  3. The appellate court may reverse and remand a decision if it finds that an amendment to include an irrevocable license should have been considered at trial.

Relevant FAQs of this case

What is an irrevocable license in property law, and when might it arise?

An irrevocable license in property law occurs when a licensee has been granted the right to use another’s land and has made improvements or significant investments based on the assurance that the license will remain in effect. Once a licensee has made such investments, it may be inequitable for the licensor to revoke the license, thus it becomes irrevocable by operation of law.

  • For example: If a landowner allows a neighbor to build a garden on their land and the neighbor invests time and money into improving the soil and planting, it may be deemed unfair to revoke access to that garden suddenly.

How does reliance on a verbal agreement factor into equitable considerations in a legal dispute?

Equitable considerations come into play when a party has relied upon a verbal agreement to their detriment, expecting that agreement to be honored. Courts consider such reliance as a factor in determining whether it would be fair and just to enforce the terms of the verbal agreement.

  • For example: Two friends verbally agree that one will repair the other’s car in exchange for using it for a week. The friend completes the repairs, relying on this agreement, but then the car owner refuses to allow him to use the car. A court might find that it would be equitable to enforce the verbal agreement due to the friend’s reliance and actions based on it.

What remedies are available when an irrevocable license is recognized by the courts?

Once an irrevocable license is recognized by the court, it typically grants the licensee continued access to the property and may also include associated rights such as maintenance or repairs. The remedy aims to prevent undue hardship on the licensee associated with revocation.

  • For example: A homeowner who installed solar panels on a neighbor’s property with permission could be granted an easement to maintain access for repairs and upkeep of the solar installation.


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