Deem v. Cheeseman

The plaintiffs, George E. Deem and Helen E. Deem, brought an action against the defendants, Lyle Cheeseman and Shirley Cheese-man, seeking recognition of an easement by implication and an injunction restraining the defendants from interfering with use of the easement.

The easement sought crossed land owned by the defendants. Following a bench trial, the circuit court of Carroll County denied the plaintiffs relief, and they appealed. The issue presented is whether the trial court erred in failing to recognize an easement across the defendants’ land to be used by the plaintiffs for ingress to…