Kleis v. Johnson

OPINION

RANDALL, Judge.

Appellants brought this action to reform the deed from their grantees to the respondent to reflect appellants’ reservation of an easement across respondent’s land, or, alternatively, to have easement declared. The trial court entered judgment denying reformation and denying an easement, and they appealed. We reverse.

FACTS

For more than fifty years, appellants and their ancestors had used a one-half mile long driveway across the westerly edge of their property for access to their farm. The driveway was the only means of access to the property. In 1975, appellants…