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Driveway Easement and Boat Slips – Expensive Fighting

By Daniel Miske on September 2, 2021
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Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips.  Lot 2 was contracted to be sold first and it included a driveway easement on Lot 1 and Slip A (the one with the boat lift).  When Lot 2 was deeded, however, Slip C was on the deed (no boat lift).  Lot 2 used Slip A, but when Lot 1 was later sold, that deed stated Slip A.  Despite what was on the deeds, after Lot 1 was sold its owner used Slip C, as he was apparently aware of the error on the Lot 2 deed.  Later a dispute broke out over whether the driveway easement was simply for ingress or egress or included the right of Lot 2 to park vehicles on the driveway.  This resulted in Lot 1 filing suit for the court to determine the extent of the driveway easement and who owned which boat slip.

Trial Court

Found for Lot 2 on both issues, holding that Lot 2 could park on the driveway and that the deeds should be reformed so that Lot 2 would own Slip A, instead of Slip C.  The trial court also awarded costs and attorney fees to the Lot 2 owner.  Lot 1 owner appealed.

Court of Appeals

Affirms in part and reverses in part.

  1. The driveway easement is not limited to ingress and egress and therefore Lot 2 can park vehicles on it. Lot 1 can use the driveway for ingress and egress provided it does not interfere with Lot 2 easement rights.
  2. Lot 1’s interest in Slip A is superior to Lot 2 and therefore that portion of the trial court judgment is reversed.
  3. Defendants (Lot 2) are not the prevailing party and therefore they are not entitled to attorney fees.
LESSON:  Take the time to read the deed to make sure you are buying what you think you are buying.
Photo of Daniel Miske Daniel Miske

Daniel represents condominium and homeowners associations (HOAs) throughout the state. He handles the many issues facing the boards of directors and managers of condominium associations, homeowner associations, cooperatives and timeshares, including document amendments, collections, contracts, rules and governance.

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  • Posted in:
    Real Estate & Construction
  • Blog:
    Association Alert
  • Organization:
    Husch Blackwell LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

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