Steven J. Strange v. Hank E. Roberts

Syllabus

The owners of the dominant estate sued the owners of the servient estate of an easement to Tanner's Bar, a piece of land near a river. The trial court ruled that the easement was an easement appurtenant for ingress and egress only and did not entitle the dominant estate owners to engage in recreational activities at Tanner's Bar. The trial court further ruled that a member of the dominant estate family had to accompany all invitees to the easement. Having concluded that the intent of the easement was for the dominant estate owners to have the right to enjoy the river at Tanner's Bar, we reverse the decision of the trial court prohibiting recreational use. We have further determined that the trial court erred in requiring that a dominant estate family member be present with invitees.