GUARDIANSHIP/CONSERVATORSHIP: Judge sitting in equity had authority to order reimbursements rather than require an audit… attorney fees properly denied for defense of guardian/conservator but should be awarded for services pertaining to administration of Estate… Allison affirmed, reversed (memorandum). [Read more…]
Easement, transaction documents reformed to intent
EASEMENT: Transaction documents properly reformed to align with intent to reserve easement over existing road… Eddy affirmed (memorandum). [Read more…]
Trespassing encroachments, shop/drain field
TRESPASSING ENCROACHMENTS: Interlocutory denial of injunctive relief reconcilable with summary judgment declaring shop and drain field encroachments a trespass… Eddy affirmed. [Read more…]
Boundary, old fence, community acceptance
BOUNDARY: Fact issues preclude summary judgment as to whether old fence constituted boundary… hearsay passed down from family not within community acceptance exception… Wheelis reversed. [Read more…]
Easement, overflow/recreation use of 2nd lot
EASEMENT: Access to residence on one lot and to overflow/recreation use of 2nd lot do not establish prescriptive easement for residence on 2nd lot… Manley. [Read more…]
Easement, “agent” of absentee owner, JML
EASEMENT claims across absentee owner’s land based on prescription, implication, estoppel properly rejected on JML… Ortley affirmed (IOR I-3(c)). [Read more…]
Justice Court, indigent filing fees waiver
JUSTICE COURT: Denial of indigent waivers of fees remanded for full disclosure so JP can decide based on quantifiable information rather than observation of such things as whether a defendant smokes… order. [Read more…]
Property, easements, settlement agreement
PROPERTY: Settlement agreement for “termination of all historical easements between the parties” upheld over claim that one easement was not intended… Ortley affirmed (IOR I-3(d)). [Read more…]
Dock easement, subsequent owners
DOCK EASEMENT: Original grant of permission to use dock continued with subsequent owners, Molitor “permission never carries over” rule overruled, claim of adverse possession properly rejected… Stadler affirmed. [Read more…]
Road easement, lake lots, residential/recreation
ROAD EASEMENT correctly found as to lake lot for year-round residential/recreation, incorrectly found as to adjacent lots for year-round residential… Lympus affirmed, reversed. [Read more…]