Prezioso v. Aerts

¶ 1. Dennis and Penny Aerts appeal a judgment reforming a recorded Road Maintenance Declaration (the Declaration) to which their predecessors in interest were parties. Following a bench trial, the circuit court concluded the Declaration established an easement over a private road traversing the Aertses1 property. It reformed the agreement to include legal descriptions of other properties adjoining the private road that were mistakenly omitted.

¶ 2. On appeal, the Aertses' primary argument is that the Declaration's description of the easement is insufficient to satisfy the statute of frauds,…