Sheppard v. Justin Enterprises

Russ Pye, Lee Pye, and Justin Enterprises (collectively Appellants) relocated an easement appurtenant to property now owned by John R. and William J. Sheppard. On appeal, we affirm the circuit court’s order requiring Appellants to restore the easement to its original location.

FACTS

Appellants and the Sheppards own adjacent tracts of land, which were both derived from a larger tract known as Encampment Plantation. The Sheppards’ tract (the dominant estate) includes a right of ingress and egress across Appellants’ tract (the servient estate). This easement originated in a deed conveying to John…