Scruby

In this case we hold that a deed granting a nonexclusive easement of a specified width does not, as a matter of law, give the owner of the dominant tenement the right to use every portion of the easement. The trial court properly interpreted this easement to give the owner of the servient tenement the right to place improvements upon the easement as long as they do not unreasonably interfere with the right of the owner of the dominant tenement to ingress and egress.

John E. and Giovanna Scruby (Scruby) brought this action for declaratory and injunctive relief to resolve a dispute with Vintage Grapevine, Inc. (Grapevine), the owner of the adjacent property, concerning a nonexclusive easement, 52 feet in width, dedicated to road and utility purposes over Grapevine’s property. Scruby alleged certain aspects of Grapevine’s winery operations unlawfully interfered with Scruby’s right to fully use the easement. Grapevine cross-complained, alleging Scruby had unlawfully interfered with the winery’s use of its property. The trial court issued a judgment after a nonjury trial defining the scope of the easement. Both parties appeal.

Statement of Facts

Scruby is the owner of 1.03…