Moylan

In this case we conclude a road easement reserved in a deed may be appurtenant to a parcel of real property the easement does not touch.

Defendants David and Barbara Dykes appeal from a judgment enjoining them from interfering with plaintiffs James Moylan, Eldred Koehn-Hoffman, and Caroline Niemann’s use of an easement across their (defendants’) land. The judgment also awarded each plaintiff $3,975 plus interest as damages for defendants’ obstruction of the easement.

Defendants contend: (1) plaintiffs do not have an easement on their land based on record title; (2) defendants’ motion for judgment on the pleadings should have been granted because plaintiffs’ complaint alleged a gap in their legal title to the easement; (3) the easement cannot be sustained on theories of adverse possession or implication; and (4) there was no evidentiary basis for the award of damages.

We conclude plaintiffs’ easement is established by record title; we need not consider theories of easement by implication or adverse possession. Defendants’ other contentions are without merit. We affirm.

Factual and Procedural Background

This case involves several adjoining parcels of largely…