Brown v. Heidersbach

The Browns platted some of their property on Lake George. The Smiths and Heidersbachs held title to several of the platted lots and enjoyed an easement to the lake. Later, the Browns platted additional property and gave the titleholders of these lots the use of the same easement. The Smiths 1 and the Heidersbachs brought an action which sought an exclusive use of the easement and damages. The trial court rendered a judgment for the Smiths and Heidersbachs. Later, the Browns appealed.

After reviewing the evidence, we conclude that the trial court committed reversible error, and we reverse.

I

Evide…