Pickens v. Kemper

Opinion by

Judge NEY.

Defendants, Leon and Mary Kemper, appeal from the summary judgment in favor of plaintiffs, Marilyn Pickens and Richard and Corine Frevert, granting injunctive and declaratory relief to prevent the construction of a fence across a portion of plaintiffs’ easement. We affirm.

Plaintiffs own a residence and are the successor grantees of two appurtenant easements. The first easement was made by grant to plaintiffs’ predecessor in title and conveyed:

an easement for purpose of ingress and egress described as:

[a] 45 foot wide easement ... to serve the properties described in…