Badger

FACTS

A. Background Joseph and Lillian Badger (parents of Tim Badger, Charles Badger, and Jeanne Terribilini)2, were the original owners of four adjoining parcels of land: parcels 8, 23, 24, and 41. In 1989, Joseph and

All undesignated statutory references are to the Code of Civil Procedure. In order to avoid confusion and with no disrespect intended, hereinafter we use first names.

1 Lillian transferred title of the four parcels to their three children, making them joint tenants with Joseph and Lillian. When Joseph passed away in 1993, the children remained on title as joint tenants with Lillian. Before Lillian’s death, she quit claimed all of her interests to the children by deeds filed in 1994. At the time of this lawsuit, Tim held title to Parcels 23 and 41 (a total of approximately 181 acres); Charles held title to Parcel 24 (approximately 76 acres), and Jeanne held title to Parcel 8 (approximately 168 acres). In 1984, with his father’s permission, Tim began building a residence on the parcels he now owns. In 1984 and 1985, Tim developed a water system to deliver water from a spring located on the parcel now owned by Jeanne. The water system consisted of…