Niles v. Eldridge, 2013 ND 52 (N.D. 2013)

(contiguous landowners entered into an oral agreement to share in the expense and benefits from an artesian well; when one of the parcels changed hands, the new owner denied that an easement for pipe existed; landowner argued the agreement was oral, so Statute of Frauds applied; trial court held that part performance took the agreement out of Statute of Frauds and the agreement granted an easement; on appeal court held that landowner’s claim of a mere license failed because she presented no facts regarding a license; court also held that contract had been fully performed and it was clear an agreement to run pipelines across land to supply water to contiguous landowners existed; trial court affirmed).