Chase v. Nelson

507 N.E.2d 640, 1987 Ind. App. LEXIS 2748
CourtIndiana Court of Appeals
DecidedMay 18, 1987
Docket67A01-8608-CV-225
StatusPublished
Cited by36 cases

This text of 507 N.E.2d 640 (Chase v. Nelson) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chase v. Nelson, 507 N.E.2d 640, 1987 Ind. App. LEXIS 2748 (Ind. Ct. App. 1987).

Opinion

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Howard C. Chase and Margaret E. Chase appeal the trial court's negative judgment. We reverse.

FACTS

This action arose out of a dispute over an easement for a joint driveway. Howard and Margaret Chase own real estate in Greencastle at 612 East Seminary Street. Their neighbors, Gerald and Beverly Nelson, live immediately east of the Chases at 614 East Seminary Street. Both properties are on the south side of the street. The common property line between each parcel is the center of a joint driveway which runs 78 feet in length and 6 feet 10 inches in width. The driveway has been in use since 1921.

Prior to July 14, 1921, William and Fannie Ledbetter owned property which now is owned by the Chases and Nelsons. On that date, the Ledbetters deeded the lot which is now owned by the Nelsons to Lenore Alspaugh. The following language is contained in the warranty deed:

"'The Grantors and the grantee herein agree to furnish 3 feet and 5 inches, each, for the use of a driveway between their lots, to be used jointly. "The Grantors to furnish 3 feet and five inches off of the east side of their lot 67 and the Grantee to furnish 3 feet and five inches off the west side of her lot, herein above described for the use of said driveway, it being understood that said driveway shall extend a distance of 78 feet south of the north line of said lot, described in this deed."

Record at 90. The warranty deed was recorded two days later. In February of 1960, Lenore Alspaugh conveyed the property to Jonathan and Jeanne Houck. On June 28, 1973, the Houcks conveyed the property to the Nelsons.

The adjoining lot was conveyed to the Chases on August 1, 1948. The warranty deed provided the following:

"It is understood that the east line of the above described real estate for a distance of 78 feet south from the north line of said lot shall be the center of a driveway 6 feet and 10 inches in width to be used jointly by the owners of the real estate adjoining said driveway. It being the intention of the Grantors herein to convey all their right, title and interest in said driveway as reserved by previous grantors in the chain of title as recorded in Deed Record 83, page 546 in the office of the Recorder of Putnam County, State of Indiana."

Record at 91. In 1964, the Chases constructed a garage and driveway near the western edge of their lot. However, they continued to utilize the joint driveway on the eastern side for access to the rear of their lot, for coal deliveries, and for access to their basement to remove trash.

On October 3, 1985, Howard and Margaret Chase filed a complaint for declaratory judgment against Gerald and Beverly Nelson. The Chases alleged that the Nelsons continuously parked automobiles on the joint driveway and that they refused to remove the vehicles. The complaint al leged that this was a material interference with the Chases' use of the joint driveway.

After a bench trial, the court ruled in favor of the defendants, the Nelsons. In its findings of fact and conclusions of law, the trial court found that the warranty deed from the Ledbetters to Alspaugh failed to create a valid easement for the joint driveway. The court's decision was based upon the deed's failure "to describe with certainty the dominant and servient *642 tenements." Record at 60. Another reason was that it was "not signed by the successor in interest to the party to be charged." Id. Thus, the Chases had no easement on the Nelson property.

In contrast, the trial court held that the deed to the Chases created an easement in favor of the Nelsons. The trial court held, "The plaintiffs received title to their property with a sufficient reservation of an easement on their property to create an easement running in favor of the property now owned by the Nelsons." Record at 60. The court concluded with the following:

"The only easement created by the evidence and instruments before the Court in this case would be an easement over 3 feet and five inches of ground taken off the east line of plaintiffs' property here-imabove described and extending for a distance of 78 feet south from Seminary Street on and along said east property line."

Record at 60. Thereafter, the Chases perfected this appeal.

ISSUES

1. Whether the deed from the Ledbet-ters to Alspaugh adequately described the dominant and servient tenements to create a valid joint driveway easement.

2. Whether an easement created by a deed signed only by the grantor satisfies the Statute of Frauds.

DISCUSSION AND DECISION

To prevail, the Chases must demonstrate that the judgment is clearly erroneous. Indiana Rules of Procedure, Trial Rule 52(A). On appeal from a negative judgment, we will neither reweigh the evidence nor judge the credibility of witnesses. We will reverse only if the uncontroverted evidence supports no reasonable inference in favor of the trial court's decision or if our review leaves us with a definite and firm conviction that a mistake has been made. Clark v. Griffin (1985), Ind.App., 481 N.E.2d 170, 172; McClamroch v. McClamrock (1985), Ind.App., 476 N.E.2d 514, 521, trans. denied.

Issue One

The defendants claim, and the trial court found, that the deed from the Ledbet-ters to Alspaugh did not create an easement for a joint driveway because the dom-imant and servient tenements were not adequately described. We agree that the dominant and servient tenements must be identified. Brademas v. Hartwig (1977), 175 Ind.App. 4, 8, 369 N.E.2d 954, 957; Lennertz v. Yohn (1948), 118 Ind.App. 443, 450, 79 N.E.2d 414, 417, trans. denied; see also Shirley v. Crabb (1894), 138 Ind. 200, 204, 37 N.E. 130, 132. The warranty deed provided, "The grantors [Ledbetters] to furnish 3 feet and 5 inches off the east side of their lot 67 and the grantee [Alspaugh] to furnish 3 feet and 5 inches off the west side of her lot, ... for the use of said driveway...." Record at 90. Although not artfully drafted, we still find that the dominant and servient tenements adequately were described. First, the deed granted an easement in favor of Alspaugh, the Nelsons' predecessor in title, for a 3' 5" strip of land on the east side of the Ledbetters' property. Thus, for this easement, the dominant tenement was the Alspaugh (now Nelson) tract while the servient tenement was the Ledbetter (now Chase) tract. See-ond, the deed reserved an easement in favor of the Ledbetters, the Chases' predecessors in title, for a 3' 5" strip of land on the west side of Alspaugh's property. Thus, the dominant tenement was the Led-better (now Chase) tract while the servient tenement was the Alspaugh (now Nelson) tract. Therefore, the trial court clearly erred in concluding that the dominant and servient tenements were insufficiently described.

We reject the Nelsons' argument that the warranty deed simply provided for an "agreement to agree" to create a joint driveway easement in the future.

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Cite This Page — Counsel Stack

Bluebook (online)
507 N.E.2d 640, 1987 Ind. App. LEXIS 2748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chase-v-nelson-indctapp-1987.