Brown v. Gaskins

Cureton, Judge:

In this action for an injunction against and damages for trespass, the issue raised is whether respondent Kenneth Brown, owner of a servient estate, may place a gate across an easement and require appellant Russell Gaskins, owner of the dominant estate, to open and close the gate as a condition of passage. The master in equity to whom the case was referred with finality held that the servient estate could burden the dominant estate with the gate. We agree and affirm.

Russell Gaskins owns property adjacent to the Edisto River to which he gains access by way of a road which runs…