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Property Keyed to Saxer
Hickerson v. Bender
Facts
George and Lucille Fagan owned a parcel of land known as Lot 20 in the H.R. White First Subdivision of Gull Lake Shores. In 1955, the Fagans conveyed a portion of their property known as the Ruth Lake parcel to Anna Marie and Roy Becker. The Fagans also granted the Beckers an easement over the eastern part of Lot 20 for the purpose of ingress and egress to Gull Lake. In 1961, Kenneth and Ruth Swisher acquired the Ruth Lake parcel. In 1990, the Swishers’ heirs conveyed the parcel to the Plaintiffss (Plaintiffs). In 1958, the Fagans conveyed Lot 20 to Edgar and Virginia E. Bender (Defendants). The deed of conveyance for Lot 20 did not reference the easement. Between 1958 and 1962, Defendants erected a home and garage and made other improvements on Lot 20. These improvements materially blocked access to the easement. Plaintiffs sued, seeking a declaration that the easement was enforceable and that Defendants should no longer interfere with Plaintiffs’ use of the easement. At trial, Bender and a few neighbors testified that they had never seen anyone use the easement since Defendants acquired Lot 20 in 1959. Several other witnesses, however, including the Swishers and Jack Hickerson, testified that the easement had been used on several occasions during the Swishers’ and Plaintiffs’ ownership of the Gull Lake parcel. The trial court ruled that the easement had been extinguished by abandonment and adverse possession before Hickerson acquired the Gull Lake parcel.
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