Lutz v. Krauter

VANDE WALLE, Chief Justice.

This is an appeal from the trial court’s judgment that Ralph and Hazel M. Lutz failed to create an easement over the property of Adam and Ann Krauter. The Lutzes claim the trial court erred in its conclusion an easement did not exist either as a matter of law or by implication. Because the trial court did not err in finding a valid easement did not exist, we affirm.

In 1977, the Lutzes purchased real property described as Lots One and Two of Block One in Haag’s Addition to the City of Dickinson, North Dakota. The property was conveyed by a warranty deed. The Lutzes…