Higgins

Defendant appeals from a judgment decreeing plaintiffs have an irrevocable license to transport water through the existing irrigation pipeline on defendant’s land and enjoining defendant from interfering in any manner with the plaintiffs’ use and enjoyment thereof.

The trial court found the following facts: The plaintiffs, I. M. and E. Higgins, N. and F. Laznibat, are the owners in fee of certain parcels of real property on Grant Road near the intersection of Grant Road and Sladky Avenue in Los Altos. The defendant, Kadjevich, also owns real property on Grant Road near that of the plaintiffs; on defendant’s land there is a well and pipeline with the necessary gates and valves. The plaintiffs and defendant used the pipeline from 1931 until 1956, under a written agreement, which terminated in the spring of 1956. Since the termination of the written agreement, the plaintiffs and the defendant have continued to use the pipeline for the purpose of conveying irrigation water to the premises of both parties.

In 1955, piaintiff, Ira M. Higgins, and defendant, Nick Kadjevich, entered into an oral agreement to construct an extension of the existing pipeline running to the well on the…