Thorstrom

Plaintiff and intervener appeal from a judgment that granted defendants an implied easement for exclusive use of water from a well on plaintiff and intervener’s property. We agree with the trial court that an implied easement exists under these facts, but further conclude that the scope of the easement granted to defendants is excessive, and reverse the judgment.

STATEMENT OF FACTS

Intervener Wayne Thorstrom and defendant Alan Thorstrom are brothers. This dispute between them is focused on the right to use water from a well constructed on property owned by their mother Evelyn Sallinen, 1 and which upon her death passed to Wayne according to trust and estate instruments.

*1412 The property owned by Evelyn before her death in February of 2003 was divided into two legal parcels situated in Fort Bragg, California: a larger parcel of 7.2 acres at 29601 Sherwood Road, on which was located the family home, and a smaller parcel of 1.37 acres at 29575 Sherwood Road, where Evelyn built a home in 1968, which she occupied with her husband Walter until her death. 2 Wayne and his wife Arlyne have occupied the family home on the larger parcel (plaintiffs’ parcel) continuously…