Stroda v. Joice Holdings, LLC

The opinion of the court was delivered by

Nuss, J.:

This case requires us to determine the extent of an easement that the parties agree had been created by implication. The trial court held that the easement could be used for access across the servient tenement to a future residence on the dominant tenement and for utilities to that residence. The owner of the servient tenement appeals both rulings. We affirm.

FACTS

In 1952, Lawrence and Etta Stroda, grandparents of Ed Stroda, purchased Douglas County farmground containing an occupied residence: the Northwest Quarter (NW Vi). They were allowed an…