Dennis and Jeremy Cochran v. Zeroffos Hoffman and John Dye

971 N.E.2d 670, 2012 WL 2395286, 2012 Ind. App. LEXIS 304
CourtIndiana Court of Appeals
DecidedJune 26, 2012
Docket15A01-1109-SC-00015
StatusPublished
Cited by1 cases

This text of 971 N.E.2d 670 (Dennis and Jeremy Cochran v. Zeroffos Hoffman and John Dye) 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.

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Dennis and Jeremy Cochran v. Zeroffos Hoffman and John Dye, 971 N.E.2d 670, 2012 WL 2395286, 2012 Ind. App. LEXIS 304 (Ind. Ct. App. 2012).

Opinion

OPINION

BARTEAU, Senior Judge.

STATEMENT OF THE CASE

Dennis and Jeremy Cochran appeal the small claims court’s judgment regarding the scope of an easement on the property of Zeroffos Hoffman. 1 We affirm in part and reverse in part.

ISSUES

Dennis and Jeremy raise two issues for our review, which we restate as:

I. Whether the small claims court erred by concluding that the easement granted to Dennis and Sandy Cochran does not include a right to park within the easement.
II. Whether the small claims court erred by not awarding damages to Jeremy.

FACTS AND PROCEDURAL HISTORY

Dennis Cochran and his wife, Sandra, own a large tract of real estate (“the Cochran property”) in Dearborn County, Indiana, on which they live. Dennis and Sandra’s son, Jeremy, and his wife (collectively, “the Cochrans”) also live on the Cochran property. Due to the Cochran property being landlocked, the Cochrans access their property via an easement across property owned by Hoffman (“the Hoffman property”). Over the years, the Cochrans have parked their vehicles on the easement. The easement is on a hill, so during inclement weather the Cochrans park on the easement because some of their vehicles cannot surmount the hill. In February 2011, John Dye, who lives' on the Hoffman property, had the Cochrans’ vehicle towed because it was, at least partially, parked on the Hoffman property outside of the easement.

In March 2011, Hoffman and Dye filed this action against Dennis and Jeremy in small claims court. The Cochrans filed a counterclaim for damages for conversion as a result of their car being towed. Following a trial, the court entered judgment stating that the easement did not grant the Cochrans the right to park on the easement and that neither party was entitled to monetary damages against the other. In its order, the court found the following pertinent facts:

5. Defendants may have parked motor vehicles on the easement, partially on the easement, and on the real estate being purchased by Zeroffos Hoffman and Paul Vinson; the parking of cars as referenced above may have on occasion *672 blocked Claimants’ access to their real estate.

Appellants’ App. p. 5. The court then concluded:

1. Defendants Dennis Cochran and Jeremy Cochran, as owners of the easement as described by the evidence, are limited to the purpose for which the easement was granted, that being ingress and egress, or as the language in Plaintiffs’ Exhibit 2 states, “a right of way for the width of 16 feet for all purposes of travel”; such right of way does not grant Defendants the right to park on or block any portion of the easement.
2. Claimants shall not block or impair Defendants’ use of the easement in question.

Id. at 6. Subsequently, Dennis and Jeremy filed a motion to correct error with the small claims court. The motion was deemed denied, and Dennis and Jeremy filed a notice of appeal.

DISCUSSION AND DECISION

In entering its judgment, the small claims court issued findings of fact and conclusions of law. Our standard of review is well-settled: first, we determine whether the evidence supports the findings and, second, whether the findings support the judgment. S.C. Nestel, Inc. v. Future Constr., Inc., 836 N.E.2d 445, 449 (Ind.Ct.App.2005). The trial court’s findings and conclusions will be set aside only if they are clearly erroneous. Id. “Findings of fact are clearly erroneous when the record lacks any evidence or reasonable inferences from the evidence to support them.” St. John Town Bd. v. Lambert, 725 N.E.2d 507, 518 (Ind.Ct.App.2000). Moreover, we will not reweigh the evidence or assess witness credibility. S.C. Nestel, Inc., 836 N.E.2d at 449.

We note that Hoffman and Dye have not filed a brief with this Court. When an appellee fails to submit a brief, an appellant may prevail by making a pri-ma facie case of error. Ford v. Ford, 953 N.E.2d 1137, 1142 (Ind.Ct.App.2011). Pri-ma facie error is error at first sight, on first appearance, or on the face of it. Trinity Homes, LLC v. Fang, 848 N.E.2d 1065, 1068 (Ind.2006). Where an appellant is unable to show prima facie error, we will affirm. Id. This rule serves to protect this Court and to take from us the burden of controverting arguments advanced for reversal, a duty which remains with the ap-pellee. Ford, 953 N.E.2d at 1142. Still, we are obligated to correctly apply the law to the facts in order to determine whether reversal is required. Id.

I. SCOPE OF EASEMENT

Dennis and Jeremy argue that the small claims court erred by determining that their easement does not include the right to park. It has long been established that easements are limited to the purpose for which they are granted. McCauley v. Harris, 928 N.E.2d 309, 314 (Ind.Ct.App.2010), trans. denied. The dominant estate owner possesses all rights necessarily incident to the enjoyment of the easement. Id. The servient estate owner may use his property in any manner and for any purpose consistent with the enjoyment of the easement, and the dominant estate cannot interfere with the use. Id. It is the duty of the servient owner to permit the dominant owner to enjoy his easement without interference, and the owner of the dominant estate cannot subject the servient estate to extra burdens. Id.

When construing an instrument granting an easement, the trial court must ascertain and give effect to the intention of the parties, which is determined by proper *673 construction of the language of the instrument from an examination of all the parts thereof. Drees Co. v. Thompson, 868 N.E.2d 32, 38 (Ind.Ct.App.2007), trans. denied. Dennis and Jeremy contend that the grant of the easement is unambiguous, and we also find no ambiguity. Therefore, we interpret the grant of the easement as a matter of law, and we apply the plain and ordinary meaning of its language. See McCauley, 928 N.E.2d at 314. Any doubt as to the construction of the language of the easement will ordinarily be construed in favor of the grantee. Id. at 315.

The Cochrans acquired their right to the easement when they purchased the Cochran property.

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971 N.E.2d 670, 2012 WL 2395286, 2012 Ind. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-and-jeremy-cochran-v-zeroffos-hoffman-and-john-dye-indctapp-2012.