Here’s a case I have on appeal at present. Been working on the brief this weekend. This is the opening “Nature of the Case” paragraph of the brief.

This case is about a gas well in Douglas County, Kansas. Appellants bought a home and 32.7 acres, including the gas well, not knowing that appellee, who owned an adjoining 7.2 acres, had an underground connection to the well. The case is in the courts for determination of whether appellants’ title to their property is burdened with a covenant giving appellee an enforceable right to take gas from appellants’ well. The district court held that it is and permanently enjoined appellants from disconnecting appellee from the well. Appellants disagree.

I still can’t believe the district court ruling. Neither can any of my colleagues, other than the appellee’s lawyer. When the appellants bought the property, there was nothing on the record about the appellee having any gas rights. Her lawyer recorded an instrument two years later. If that really works, we’re all in trouble!