Duke Trust v. Lee Lou, LLCAnnotate this Case
The Supreme Court affirmed the judgment of the district court granting a Partnership's motion for summary judgment and concluding that Tract 3, one of three individual tracts that were carved out from Owners' land for separate ownership by each of the Partnership's owners, was burdened by a thirty-foot easement and could not benefit from it, holding that there was no error.
In 1990, Owners conveyed the property at issue to the Partnership and conveyed Tract 3 to R.A. Roehder. The warranty deed conveying the property provided that the property was given together with thirty-foot-wide easements for ingress and egress. Roehder later sold his interest in the Partnership. After Roehder's death, Tract 3 was acquired by Zinvest, LLC by tax deed, and Zinvest conveyed the property to Lee Lou. The Partnership later filed a complaint to quiet title with a declaratory judgment that Lee Lou owned no interest in the easement and only the partnership had an interest in the easement. The court granted summary judgment in favor of the Partnership. The Supreme Court affirmed, holding that the district court did not err in determining that Tract 3 did not benefit from the thirty-foot easement and that tracts 1 and 2 did benefit from the easement.