ILNews

Court upholds injunction in easement case

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts, and other objects were placed along a disputed easement area to prevent people from driving along it.

In Ronald N. Rennaker, et al. v. Raymond D. Gleason, No. 92A03-0808-CV-412, the appellate court determined a 40-foot driving easement existed by virtue of the language in deeds conveying lots along Blue Lake. It also upheld the permanent injunction requiring the removal of and prohibiting objects obstructing the easement.

When a portion of land along the lake owned by Frank Harrold was first platted in 1922 it indicated a "30' Drive" that ran between two lots to allow access to the shore. The original lots didn't extend to the lake, but granted homeowners an easement over the property between the lots and the lakeshore. A plat of survey done in 1958 depicted the land along the lakeshore divided into lots corresponding with the width of the original lots, along with a 40-foot wide easement along the shore. Harrold eventually conveyed the lakeside lots to the original owners.

A dispute arose between Ronald Rennaker and other homeowners with another homeowner, Raymond Gleason, as to whether the 40-foot easement was a driving easement. Rennaker and others didn't think so, and placed objects in the way to prevent driving. Gleason filed a complaint and the trial court declared the easement was a valid driving easement and permanently enjoined the homeowners from encroaching or impeding access to it and the 30-foot easement.

The Court of Appeals examined the language in the Lakeside Lot Deeds, which conveyed the lakeside lots to the original owner, and determined the language created the 40-foot driving easement by express reservation.

Rennaker and others claimed the clause "subject to a 40 foot wide public easement for roadway purposes" isn't sufficient to create an express easement by using the phrase "subject to" based on Mayer v. BMR Props. LLC, 830 N.E.2d 971 (Ind. Ct. App. 2005). But the appellate court concluded that Nelson v. Parker, 687 N.E.2d 187 (Ind. 1997), was applicable to the instant case.

"The use of the phrase 'subject to' makes the language regarding the easement ambiguous because this phrase would normally indicate words of qualification in reference to something that has already been created rather than words creating an interest," wrote Judge L. Mark Bailey. "However, the forty-foot easement had yet to be created as the 1958 Plat of Survey did not indicate who received the interest in the easement nor is there any other evidence of a conveyance of an interest in the depicted easement."

The appellate court examined the deeds conveying the original lots, as well as deeds in subsequent additions on the land, and determined Harrold wanted to provide lot owners in any of the additions access to Blue Lake, and the use of "right of way" and "drive over the drive-ways" implies access by vehicles. Also reading the easement provision with the list of other restrictions in the deeds supports the conclusion that "roadway purposes" contemplates a greater burden on the 40-foot easement than just foot traffic, wrote the judge.

The Court of Appeals also upheld the injunction, which Rennaker and others argued was vague and unnecessarily broad. The order mandates removal of any objects that deny or impede access to the easements, so items that need to be cleared are only those that prohibit reasonable passage of vehicles along the easement, wrote Judge Bailey.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

ADVERTISEMENT