Aszmus v. Nelson

MOORE, Justice.

John and Lillian Aszmus sued Mike Nelson to enjoin him from blocking a right-of-way easement they claimed over his land. The Aszmuses argued that a prior deed in Nelson’s chain of title created an easement in their favor because it conveyed the land "subject to” a described right-of-way. The trial court held that, as a matter of law, the deed could not create an easement. Therefore, the court entered summary judgment in favor of Nelson. We reverse and remand for further proceedings.

I. FACTS

Both Nelson’s lot and the Aszmuses’ lot were originally part of Government Lot 32, a…