Brown v. Voss

Defendants, Fred and Hattie Voss, owners of the servient estate, appeal from a judgment that denied their counterclaim for an injunction against Will and Jean Brown, plaintiffs, owners of the dominant estate. Defendants requested the injunction to prevent plaintiffs from using an easement appurtenant to gain access to a non-dominant estate adjacent to the dominant estate. We reverse and remand for entry of an injunction.

On April 1, 1977, plaintiffs purchased land (parcel B) from the Christensens. Parcel B is adjacent to and north of land (parcel A) owned by defendants. Access to parcel B is…