Blalock v. Conzelman

J. Edwin Blalock appeals from a summary judgment in favor of Joseph Conzelman, Jr., and Elsie Conzelman in their action seeking to prevent Blalock from cutting trees on their easement across Blalock's property. We reverse and remand.

The dispositive facts are undisputed. The Conzelmans and Blalock own contiguous lots 1 and 2, respectively, which lie along Cherokee Road in Mountain Brook. Lots 1 and 2 were created in 1972 by the division of a single parcel of real estate by Mr. and Mrs. Alan Woodward, the owners of the parcel. On the original parcel were two dwellings, both of which were…