Maasen v. Shaw

KATHIANNE KNAUP CRANE, Judge.

Plaintiffs, owners of a servient estate, filed a lawsuit seeking to enjoin defendant, owner of the dominant estate, from using a fifty-foot non-exclusive easement across the servient estate for purposes other than ingress and egress on a fifteen-foot roadway to defendant’s property. Defendant filed a counterclaim to recover damages. The trial court enjoined defendant’s use of all-terrain vehicles on the non-roadway portion of the easement, but denied plaintiffs’ requests that defendant be enjoined from widening the roadway, paving the roadway, cutting down trees…