Schluemer v. Elrod

CROW, Judge.

This is a dispute about a “roadway easement.” Plaintiffs, William E. Schluemer and Elizabeth L. Schluemer, own the servient estate1; Defendants, B. Russell Elrod and Frances2 Elrod, own the dominant estate.

The deed creating the easement (Exhibit B) reads, in pertinent part:

“Grantees3 Shall Pay to the record owners of the land where the easements are located the sum of One Hundred Dollars per year starting July 1, 1983, and each and every July 1 thereafter, as long as grantees shall have the use of the easements described above, to be used to help maintain the roadways located on…