Visco

Facts Appellants' property is at 15 Cinchring Road in Rolling Hills. The Wallaces own an adjoining lot, Parcel 164-C. The easement in question provides the only "reasonable access" to Parcel 164-C. The parcel is accessible from hiking trails and an equestrian easement, but the terrain is rough and sloping, and without the easement, Parcel 164-C is, as a practical matter, landlocked. The Rolling Hills Community Association has refused owners of Parcel 164-C permission to build, and although permission to build is not an issue in this case, the history of that decision, like the history of the easement, is relevant: In 1957, a woman named Lucy Preston owned four adjacent parcels in Rolling Hills, 164-A, 164-A2, 164-B, and 164-C. Under Association rules and regulations, only 164-C was a building site, but Preston wanted to build on 164-A. The Association gave her permission to do so, but only after she agreed that the parcels would constitute only one building site (as that term is defined by the Association) and that only one residence would be built. The easement, often called the Preston Easement, was created and recorded in 1970. The grantors were Howard and Kathryn Rustad,…