Court erred in permanently enjoining appellants from entering onto easement and requiring water line removal

To access case, press here

UNPUBLISHED

Appellants-Defendants, Randyl A. McCauley (Randyl) and Deanna R. McCauley (Deanna) (collectively, the McCauleys), appeal the trial court's order permanently enjoining them from entering onto an easement over the property of Appellee-Plaintiff, Dale W. DuKate (DuKate), and requiring them to remove a water line and meter from DuKate's property. DuKate cross-appeals the trial court's judgment in favor of the McCauleys on his claim for trespass.

Conclusion (slip op. at 12): We conclude that the trial court erred in permanently enjoining the McCauleys from entering onto the easement described in the quitclaim deed and by ordering them to remove the water line and meter from DuKate's property. We remand this cause to the trial court with instructions to amend its order accordingly. However, we affirm the trial court's judgment in favor of the McCauleys on DuKate's claim of trespass.

Key Analysis (slip op. at 7, 9-10): Reviewing the survey in conjunction with the deed, only one reasonable conclusion can be reached: DuKate intended to grant the easement to the McCauleys so that they can reach the county road. Therefore, the trial court erred in permanently enjoining the McCauleys from entering onto the easement . . . Evidence tends to prove that the McCauleys had DuKate's permission to install the water line and meter on DuKate's property. This conclusion disposes of DuKate's argument that the trial court properly ordered the McCauleys to remove the water line and meter.