Costin v. Branch

MITCHELL, HENRY CLAY, Jr., Associate Judge.

The issue on appeal is whether or not the installation of an underground utility septic tank with a drain field and underground utility water lines would violate the terms of the easement granted to the owners. We find that the construction of the drain field and septic tank would not violate the easement and reverse.

The appellee sought an injunction to restrain the appellants from constructing a septic tank and drain field on the appellants’ waterfront property. Appellee owned an easement which she claimed prevented the underground installation on…