Trunk v. Berg

J^SUSAN M. CHEHARDY, Judge.

This is a suit for declaratory judgment and injunctive relief. Defendants appeal a judgment finding that plaintiff has a servitude of passage over defendants’ property and ordering defendants to remove a fence they erected on the property. We reverse.

Marsha Trunk (hereafter “Trunk”) owns property at 6610-12 Bellaire Drive. She has owned the property since 1977; prior to that her father, Martial Voitier, owned it since 1958. Trunk’s property adjoins property at 6614-16 Bellaire Drive, which is owned by Patricia Mellen Berg, Carey L. Ernst Lambert, and Mark Lambert…