Mayer v. Smith

OPINION

KENNEDY, Judge.

{1} Janeka Mayer (Plaintiff) owns property which is burdened by an easement. She erected a fence using trees within the easement as posts and thus encroached onto the easement. Gary and Marilyn Jones (Jones) and Robert and Stephanie Long (Long) (collectively, Intervenors), owners of the dominant estate, intervened in a suit Plaintiff had filed against another neighbor, but involving the same easement. Jones and Long sought to enforce the easement and force removal of Plaintiff s fence. The district court ruled against Intervenors, restricting the scope and ownership of…