Hayes v. Aquia Marina, Inc.

The principal issue in this appeal is whether an easement across the servient estates will be overburdened by the proposed expanded use of the dominant estate.

Robert C. Hayes and others (collectively, Hayes) brought a chancery suit against Aquia Marina, Inc., Warren E. Gnegy, and Cynthia Gnegy (collectively, Gnegy). Hayes alleged, inter alia, that a proposed expansion of a marina located on Gnegy’s land (the dominant estate or marina property) would overburden the easement across Hayes’s lands (the servient estates). Hayes, therefore, sought to have the trial court enjoin the proposed…