Greenwood v. Rahill
1980 R.I. LEXIS 1470, 412 A.2d 228, 122 R.I. 759 (1980)
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Rule of Law:
A right to discharge surface water onto the land of another, known as a prescriptive easement, can be acquired if the use is open, adverse, continuous, and under a claim of right for the statutory period.
Facts:
- In 1934, the State Department of Transportation constructed a highway culvert that discharged surface runoff water onto a parcel of land, replacing an older culvert in the same location.
- The state continuously maintained this culvert from 1934 onward.
- The prior owners of the property, who held title since the 1950s, never objected to the discharge of water onto their land.
- On July 25, 1975, Richard and Sandra Greenwood acquired the property by deed from Sandra's parents.
- Before taking title, the Greenwoods discovered the culvert and a ditch on the edge of the property, which were covered with underbrush at the time.
- In October 1975, the Greenwoods began constructing a home and installed a septic tank, which slightly altered the flow of the surface water on their land.
Procedural Posture:
- Richard and Sandra Greenwood (plaintiffs) filed a civil action against the State Department of Transportation (defendant) in the Superior Court (trial court).
- The plaintiffs sought an injunction to stop the water discharge and monetary damages.
- The state filed an amended answer claiming it had a prescriptive easement.
- After a non-jury trial, the trial justice found that the state had acquired a prescriptive easement and dismissed the plaintiffs' complaint.
- The Greenwoods (appellants) appealed the judgment to the Supreme Court of Rhode Island, with the State as appellee.
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Issue:
Does the continuous, open, and unopposed discharge of surface water from a state-maintained highway culvert onto private property for over 40 years establish a prescriptive easement for the state?
Opinions:
Majority - Doris, J.
Yes, the state's continuous discharge of surface water established a prescriptive easement. To acquire an easement by prescription, the claimant must prove by clear and satisfactory evidence that the use was open, adverse, continuous, and under a claim of right for the statutory period. The record shows the culvert has been in place and maintained by the state since 1934, a period far exceeding the statutory requirement. There is no evidence that any prior owner ever objected to the water discharge, and the Greenwoods' complaint admitted the use was not permissive, thus satisfying the 'adverse' element. The fact that the culvert was temporarily covered by brush when the Greenwoods discovered it in 1975 is irrelevant, as the prescriptive period had long since run and the state had already acquired a vested property right that could not be divested by the new owners.
Analysis:
This case affirms the application of traditional prescriptive easement doctrine to government entities and infrastructure projects. It establishes that a government body can, like a private individual, acquire permanent property rights through long-standing, open, and unopposed use. The decision underscores the significance of the statutory period, clarifying that once an easement by prescription has vested, it is a permanent right that subsequent landowners cannot defeat, even if they were unaware of the use at the time of purchase. This reinforces the importance of due diligence for property buyers in identifying any potential long-standing adverse uses on the land they intend to acquire.
