Shields v. Villareal

Plaintiffs sought a declaratory judgment confirming their ownership of an express easement across defendant’s property and an injunction ordering defendant to remove all impediments from it and to refrain from future interference. In his answer and counterclaim, defendant argued that plaintiffs had abandoned the easement and it should therefore be extinguished. The trial judge found by a preponderance of the evidence that plaintiffs had abandoned the easement, and he entered judgment as requested by defendant. On de novo review, we reverse and remand.

Plaintiffs own property immediately north…