Hernandez v. Whittemore

BLACKBURN, Presiding Judge.

Following a bench trial, Michael and Marsha Hernandez (collectively “Hernandez”) appeal a judgment in favor of John Whittemore declaring that a 1.32 acre strip of Hernandez’s land is subject to an *252easement for access to Whittemore’s neighboring property. Hernandez contends that the trial court erred in finding that a plat recorded by his predecessor was sufficient, in the absence of a deed or other instrument, to create the easement. We disagree and affirm.

“The [trial] court is the trier of fact in a bench trial, and its findings will be upheld on appeal if there is…