Matoush v. Lovingood

Opinion by

Judge RUSSEL.

Defendants, David H. Lovingood and Debra Lovingood, appeal the trial court's judgment in favor of plaintiff, Carol S. Matoush. We reverse and remand with directions.

I. Background

This case involves a dispute about an easement across residential real property. Plaintiff owns the dominant estate, which is benefited by an express easement "for sewer and water pipes and alley purposes" across the northern ten feet of the servient estates, which belong to defendants and a neighbor.

The following schematic depicts the parties' properties:

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In 2008, plaintiff brought…