Graves v. Gerber

This is an action by the plaintiffs Graves for a mandatory injunction requiring the defendants Gerber to remove a stockade-type fence which Gerber erected upon his own residential property adjacent to the west lot line of the Graves residential lot. The basis of the suit is that the fence interferes with the use of an easement arising from a grant made by the Gerbers’ predecessors in title to Graves’ predecessors in title, giving to the owner of the Graves property, or the dominant tenement, the use of a portion of the Gerber property, or the servient tenement, as a means of ingress and…