Eckendorf v. Austin

¶ 1. Richard and Susan Austin appeal a judgment that limits use of their access and utilities easement. Specifically, they challenge the trial court's conclusion that the easement is imprecisely described in the conveyance, that the driveway portion could not exceed twelve feet in width, and that Josephine Eckendorf was entitled to both $500 for a tree that the Austins cut down and costs of this lawsuit. The Austins argue that the written easement document is not ambiguous and that their use is consistent with the original grantor's intent. For the reasons stated below, we reverse the…