GAW v. Seldon

IRVING, P.J.,

for the Court:

¶ 1. Daniel A. Gaw owns a forty-foot easement over Davie Seldon’s property. Davie purchased the property in 2006, but he does not live on the property. Davie’s son, John Seldon, lives on the property. In 2009, John erected brick columns at the entrance to the property, which encroached upon Gaw’s easement. The same year, Gaw contacted the Marshall County Health Department to report the existence of waste water on his property. Following an inspection, the Health Department determined that the water was originating from the septic tank on Davie’s property. On…