Kircheimer v. Carrier

Plaintiffs, several lot owners in Sandy Beach Subdivision, filed a petition for declaration of rights seeking a declaration that Sandy Beach Lane, a subdivision roadway, was a private roadway. Plaintiff also sought to enjoin Defendants, the developers of two separate subdivisions, or other lot owners in those subdivisions from installing driveways or culverts onto Sandy Beach Lane. The trial court concluded that Sandy Beach Lane was a private road for the sole use and benefit of the lot owners in Sandy Beach Subdivision. The court of appeals reversed, determining that Sandy Beach Lane was a public roadway dedicated by estoppel involving plat. The Supreme Court reversed, holding (1) Sandy Beach Lane is a private roadway for the use and benefit of lot owners in the Sandy Beach Subdivision; and (2) the easement for use of Sandy Beach Lane may not be extended or enlarged by allowing property owners in nearby, more recently-developed subdivisions to build driveways or culverts opening onto the road because this increased access to the road by adjacent landowners was not contemplated by the parties. View "Kircheimer v. Carrier" on Justia Law