Gamburg v. Cooper

OPINION

HOWARD, Chief Judge.

The issue in this case is whether the trial court erred in ruling that appellants, as owners of a servient estate, could not put gates across an easement for ingress and egress.

The parties are adjacent landowners with the property of appellants being due west of appellees’ property. Since 1947 appellees have had a perpetual easement by grant for ingress and egress along the south 15 feet and west 30 feet of appellants’ property. In 1978 appellants put a gate across the 30-foot easement and one across the 15-foot easement. This caused a dispute between the parties…