Linthicum v. Butterfield

Opinion

GILBERT, P. J.

When does a trial court properly exercise its discretion to create an equitable easement? This case provides a good example.

Plaintiffs bought a parcel of land on which defendant owners of neighboring parcels used a roadway, the only access to their land. Plaintiffs sought an injunction to prevent defendants from using the roadway. Defendants cross-complained to quiet title to an easement for the roadway. The trial court quieted title to an equitable easement in favor of defendants. We remand for the trial court to specify the width of the roadway easement, reverse an…