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Appellate court upholds easement ruling

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The Indiana Court of Appeals affirmed the trial court judgment in favor of the owners of a RV campground regarding an access easement.

Robert and Joy Billetz took over the campground owned by Clyde and Margorie Allmon in 1991. The Allmons retained a two-acre portion of their land abutting County Road 200 North, land that Anthony and Bessie Rehl later purchased from the Allmon estate in 1999. In order to provide access to the Billetz property from County Road 200 North, the Allmons granted an easement for ingress and egress.

The Rehls sued the Billetzes in January 2008 alleging that the ongoing operation of the campground has increased or added to the burden upon their land imposed by the original easement, and the burden “is now unreasonable.” The Rehls argued that the Billetzes could access their property from the county road without using the easement.

The trial court found there may have been a modest increase in the number of vehicles using the easement since it was originally granted, but it did not create a burden on the Rehl property.

In Anthony J. Rehl, Sr. and Bessie A. Rehl v. Robert V. Billetz and Joy A. Billetz, No. 52A05-1105-PL-246, the Rehls claimed that the easement was granted only to allow the grantees ingress and egress, but it does not mention business invitees, customers or others who might be visiting the RV campground.

“Although the grantees named on the 1991 warranty deed (and the 1998 personal representative’s deed) were the Billetzes, we observe that the language creating the Easement does not expressly provide that the Easement benefits the Billetzes as the grantees only. Moreover, the language expressly provides that the Easement ‘is for ingress and egress to lands to the north of said 2 acre tract,’” wrote Judge Elaine Brown. “The implication of this language is that the parties, and the Allmons as the grantors, intended for the Easement to benefit or provide access to the Billetz Property and the campground.”

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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