Moylan v. Dykes

Opinion

SIMS, J.

In this case we conclude a road easement reserved in a deed may be appurtenant to a parcel of real property the easement does not touch.

Defendants David and Barbara Dykes appeal from a judgment enjoining them from interfering with plaintiffs James Moylan, Eldred Koehn-Hoffman, and Caroline Niemann’s use of an easement across their (defendants’) land. The judgment also awarded each plaintiff $3,975 plus interest as damages for defendants’ obstruction of the easement.

Defendants contend: (1) plaintiffs do not have an easement on their land based on record title; (2) defendants’…