Winsten v. Prichard

This is an appeal from a summary judgment entered in favor of Gail and Judith Prichard establishing their right to a 5-foot easement across the property of August and Donnabelle Winsten.

Title to the Prichard and Winsten property was previously held by O. S. Buehler, who subdivided his land into 15 lots. In 1967, Buehler sold lots 12 through 15 to the Winstens' predecessors in interest by a real estate contract which stated that the land was

[fjree of encumbrances, except: a non-exclusive easement across the . . . South 5 ft of the above described property for ingress, egress and utilities.

Exhib…