Entzminger v. Thornberry

SALCINES, Judge.

Elsie Entzminger appeals the trial court's order canceling a portion of an express written easement. The trial court erred when it did not uphold the clear and unambiguous terms of the grant of easement. Accordingly, the order is reversed.

The quit-claim deed which encompasses the property upon which Entzminger’s home has been constructed and which grants the easement in question was recorded in the public records of Polk County in 1991. The deed includes a 43.75-foot wide easement over the property immediately to the north of and abutting Entz-minger’s dominant estate. The…