Earl v. Pavex, Corp.

¶1 James and Rachel Earl commenced this action against Pavex Corporation in the Sixteenth Judicial District Court, Rosebud County. The Earls sought declaratory rulings concerning two overlapping easements-ene 100 feet in width, the other 30 feet in width-that burden the Earls’ land for the benefit of Pavex’s land. The Earls conceded the 30-foot-wide easement but disputed the 100-foot-wide easement. They asserted that the latter easement is unenforceable because it does not appear in the chain of title to the Earls’ property. In the alternative, even if the 100-foot-wide easement is valid, the…