Kosich

Respondents filed an action for an injunction to restain appellants from interfering with their use of an easement. Appellants claim that this easement was limited to a 12-foot roadway and that respondents were exceeding that limitation at one point of the road and encroaching on their land. The trial court held that the respondents were entitled to an enlargement of the easement in conforming to the original intent of the parties and gave judgment accordingly.

There is no substantial dispute relative to the facts. Respondents and appellants are adjoining landowners. Originally both lots were part of one parcel owned by one Velmo Sullivan. He conveyed one of the lots to appellants in 1956 but reserved in the conveyance a 12-foot wide strip of land as an easement for road and utility purposes over appellants ’ lot so that there would be ingress and egress to the lot which he retained. The easement comes to a right-angle turn at one point on appellants’ property. It was found to be impossible to drive an automobile around this angle without exceeding the area reserved by the express easement. Sullivan continued to own the lot adjoining appellants’ until 1961. During the 4%-year…