ILNews

Judges rule on easement dispute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with a condominium complex, which would affect the use of a sidewalk by the condo homeowners.

In Trust No. 6011, Lake County Trust Company, Trustee, Simon Beemsterboer, and Victoria J. Beemsterboer v. Heil's Haven Condominiums Homeowners Assn., No. 43A05-1108-PL-433, Simon and Victoria Beemsterboer live on property that belongs to a trust that is adjacent to the property of Heil’s Haven Condominiums. A previous owner of the Beemsterboer property executed several agreements with the condo complex, granting various easements to each other to use portions of the others’ property.

When the Beemsterboers attempted to develop their property in a manner that allegedly infringed on the easements originally granted to the association, the homeowners association sought to enjoin the improvements. The  work included modifying a deck and building a fence around a sidewalk that was on the Beemsterboers’ property, but used by the condo residents. The trial court granted the requested relief.

The COA concluded that one of the agreements at issue has terminated and the improvements can be made in a manner that don’t infringe upon the association’s continuing easements. The Water and Walkway Easement was terminated by its own express terms when the residence on the Beemsterboer property of the previous owner burnt down and the water supply to that property failed.

The judges also found that paragraph 4 of the judgment wasn’t an error. The trial court permanently enjoined the Beemsterboers “from in any fashion interfering with the (association’s) deck … even though the actual location of the deck encroachment may vary slightly from the description contained in the (encroachment agreement).”

“We read the trial court’s order as restricting the Beemsterboers from interfering with the deck based on the fact that its current and historical encroachment is somewhat greater than that described in the Encroachment Agreement. The trial court’s order does not affect the terms of the Encroachment Agreement,” wrote Judge Terry Crone.

They judges also affirmed a portion of the judgment pertaining to the septic easement.   

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT