September 23, 2009
Court rules lake residents cannot block easement

The Indiana Court of Appeals, in an opinion published on September 23, affirmed a decision by the Whitley County Superior Court that lot owners bordering a 40-foot wide easement along the shore of Blue Lake cannot block other residents from driving vehicles or lawnmowers on the easement or install poles, rocks, fences or other items that create obstacles for vehicle access.

The case arose in 2005 when one resident of Harrold’s First Addition filed a complaint seeking a declaration that the 40-foot driving easement existed and an injunction preventing three other lot owners from blocking the path.

Judge Michael Rush conducted a bench trial in 2008 and declared the easement as shown in a 1958 plat was a valid driving easement. At no time did the parties in the matter dispute that a walking easement abutted the lake.

Although all but one of the deeds contain a provision that the lots are “subject to a 40-foot wide public easement for roadway purposes”, those opposed to the use of vehicles claimed the language was ambiguous.

In contrast, the court stated other language, such as “right or way”, “roadway purposes”, and “drive over the drive-ways” clearly implied access by vehicles.

Full text of the Appellate Court decision can be found here: http://www.in.gov/judiciary/opinions/pdf/09230903lmb.pdf

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