Brown v. Hanson

SEVERSON, Justice.

[¶ 1.] Terry and Susan Brown purchased land adjacent to James Hanson. The neighbors signed a Common Well and Road Easement Agreement. The document was filed in the office of the Meade County Register of Deeds. Believing the Browns had breached the terms of the agreement, Hanson filed a letter “rescinding” the agreement with the register of deeds. The Browns filed a lawsuit. The trial court granted the Browns’ motion for partial summary judgment requesting declaratory judgment. On appeal, this Court affirmed the trial court’s ruling that rescission was not the appropriate…