Westpac Aspen Investments, LLC v. Residences at Little Nell Development, LLC

Opinion by

Judge CARPARELLLI

In this real property action, defendants Preston B. and Betty D. Henn (the Henns) appeal a trial court order granting a preliminary injunction against them and in favor of plaintiff, Westpac Aspen Investments, LLC (Westpac). We affirm.

This case presents an issue of first impression regarding whether the merger of title doctrine extinguishes a prescriptive easement when the sole owner of the servient estate holds title to the dominant estate in joint tenaney with his spouse. We conclude that it does not.

Westpac sued the Henns for, among other things, injunctive…