Miner v. Jesse & Grace, LLCAnnotate this Case
After Appellants purchased vacant property in Laramie they discovered that an apartment building on an adjacent property encroached five feet onto their property. Appellants brought an action against the owners of the apartment building (Appellees) seeking a declaration that they owned the encroaching portion of the apartment building, an order requiring that the building be partitioned and that Appellees be ejected from the building, and an apportionment of rental income earned from the apartment building. Appellees counterclaimed, seeking a declaration that they had an implied easement over portions of Appellants’ parcel occupied by the apartment building and requesting an injunction to enjoin Appellants from interfering with the implied easement. The district court (1) concluded Appellants had no ownership interest in the apartment building and denied the remainder of Appellants’ requests; and (2) ruled that Appellees were entitled to an implied easement on Appellants’ property to accommodate the apartment building and enjoined Appellants from interfering with Appellees’ use of that easement. The Supreme Court affirmed, holding that the district court did not err in ruling that (1) Appellants had no ownership interest in the apartment building; and (2) Appellees held an implied easement on Appellants’ property.