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Court upholds injunction in easement case

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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.

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  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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