Waskey v. Lewis

In this case we must decide whether a recorded right of way, granted “without let or hindrance,” may be restricted by gates erected by the owner of the servient tenement. Appellees Lewis, Powell and Green, owners and tenant of a dominant tenement, brought a chancery suit against appellant Waskey, owner of the servient tenement, seeking the removal of certain gates and gateposts which Waskey had erected upon a right of way which crossed his land. The trial court found the right of way to be six teen feet wide, enjoined Waskey from erecting any gates or obstructions thereon, and retained the…