Price v. McNeil

CRAWLEY, Judge.

Gary Price and Martha Price (the “ser-vient estate”) own real estate subject to an easement that is now owned by Deborah McNeil (the “dominant estate”). They are adjacent landowners. The servient estate sued the dominant estate, alleging that the dominant estate had wrongfully obstructed their use of the easement by erecting a locked gate. The trial court eventually ruled in favor of the dominant estate, concluding that the dominant estate had an “exclusive” easement that barred any use by the servient estate.

The servient estate appealed to the supreme court, which transferred…