Cottonwood Duplexes v. Barlow

Opinion

ROBIE, Acting P. J.

In this quiet title action, the trial court narrowed and shortened a road and utility easement that a predecessor of plaintiff Cottonwood Duplexes, LLC (Cottonwood), had granted to defendant Seth Barlow because, in the court’s view, “the reasonable use requirements of [Barlow’s property] both presently and in the future do not require the full size and scope of the [original] easement.”

On appeal, Barlow asserts that no “recognized rule of law . . . authorized [the trial court] to terminate [his] property rights” by reducing the size of his easement against his will,…