VTRE Investments, LLC v. MontChilly, Inc.
Annotate this CaseDefendant, MontChilly, Inc., appealed a trial court’s order requiring it to remove portions of a fence that interfered with plaintiff VTRE Investments, LLC's easement for ingress and egress. MontChilly also contended the trial court improperly failed to issue a ruling on its counterclaim for trespass against plaintiff for parking on MontChilly’s property without any legal right to do so. On cross-appeal, plaintiff challenged the court’s holding that it was bound by a reciprocal easement allowing a drainpipe over its property on the ground that its predecessor in interest did not sign the instrument creating the easement. After review, the Vermont Supreme Court reversed the trial court’s order requiring MontChilly to remove portions of its fence, and remanded for the court to enter judgment on MontChilly’s trespass counterclaim. With respect to VTRE’s cross-appeal, the Supreme Court affirmed the court’s judgment. The matter was remanded for further proceedings.
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