Stoesz v. Wright

ROBERT G. DOWD, JR., Presiding Judge

Gerald Stoesz and Pamela Stoesz ("Appellants") appeal from summary judgment entered in favor of Danny Wright and Stacy Wright ("Respondents") on Appellants' action for declaratory judgment, injunctive relief and trespassing with respect to an easement used by Appellants and running through Respondents' property. We reverse and remand.

Appellants acquired the real estate upon which their home is located in 1985. The general warranty deed conveying the property also granted Appellants the right to use a thirty-foot wide "joint easement for road purposes."…