Craig Newforth and Marcia Newforth v. Jason Bault , 120 N.E.3d 594 ( 2019 )

FILED
Mar 06 2019, 9:01 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Michael L. Carmin Ryan J. Vershay
Carminparker, PC A. Richard M. Blaiklock
Bloomington, Indiana Derek G. Raymond
Lewis Wagner, LLP
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Craig Newforth and Marcia March 6, 2019
Newforth, Court of Appeals Case No.
Appellants-Defendants, 60A05-1712-PL-2969
Appeal from the Owen Circuit
v. Court
The Honorable Elizabeth Cure,
Jason Bault, Special Judge
Appellee-Plaintiff. Trial Court Cause No.
60C02-1609-PL-343
Brown, Judge.
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[1] Craig and Marcia Newforth appeal the trial court’s order determining the extent
of an easement over some of their property. The Newforths raise two issues
which we restate as whether the judgment is clearly erroneous. We affirm.
Facts and Procedural History
[2] Jason Bault operates a mulch business and owns approximately five acres in
Owen County, Indiana (the “Bault Property”). State Road 43 is located along
the eastern boundary of the Bault Property. Bault also owns several parcels (the
“Northern Bault Parcels”) located north of the Bault Property. Checkered
Racing owns a parcel (the “Checkered Racing Parcel”) west of the Bault
Property. The Newforths own real property containing approximately 19.55
acres (“Newforth Property”) west of the Checkered Racing Parcel from which
they operate a trash service, and they own a fifty-foot-wide strip of land
containing 0.88 acres (the “Easement Area”) subject to an easement (the
“Easement”) which extends from the 19.55-acre property eastward along the
southern boundary of the Checkered Racing Parcel and the Bault Property to
intersect with State Road 43. A gravel industrial access road (the “Access
Road”) is located in the Easement Area. Bault has an agreement with
Checkered Racing pursuant to which he may access the Northern Bault Parcels
using the Checkered Racing Parcel. The Newforth Property, Bault Property,
and Northern Bault Parcels are part of Franklin Industrial Park.
[3] By way of background, Cheryl Franklin conveyed property of approximately
five acres to Jim Sinders by deed dated March 5, 1998, and recorded March 10,
1998 (the “Franklin Deed”). The Franklin Deed also granted the Easement to
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Sinders and included a legal description of the Easement Area. A plat for
Franklin Industrial Park executed by Cheryl Franklin and recorded on
December 11, 2000, depicts the five-acre parcel conveyed to Sinders (which is
now the Bault Property), a 19.55-acre parcel (which is now the Newforth
Property), the Easement Area, and other parcels adjacent to the Easement
Area. The 2000 plat in the record depicts the following:
5.00-Acre Parcel
(currently, the
Currently, the Bault Property)
Checkered Racing Parcel
State Road 43
19.55-Acre Parcel
(currently, the
Newforth Property)
The Easement
Area
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See Exhibit 3. 1 Sinders conveyed the five-acre parcel and his right to use the
Easement to John and Peggy Tucker by deed dated August 16, 2006, and
recorded August 18, 2006 (the “Tucker Deed”). An amended plat of Franklin
Industrial Park was recorded in May 2009 depicting the five-acre parcel owned
by the Tuckers (now the Bault Property), the land owned by Cheryl Franklin,
and the 0.88-acre Easement Area.
[4] Cheryl Franklin conveyed property to the Newforths by deed dated June 28,
2011, and recorded June 29, 2011 (the “Newforth Deed”), which included the
Newforth Property of approximately 19.55 acres and the 0.88-acre Easement
Area. The Newforth Deed conveyed the Easement Area “[s]ubject to an
affirmative duty to maintain the easement from the 19.55 acre tract to State
Road 43 for the benefit of the 19.55 acre tract and the adjacent parcels abutting
the easement as shown on” the 2000 plat. Exhibit 5. The Tuckers conveyed
their five-acre parcel and rights under the Easement to Bault by deed dated
April 29, 2016, and recorded June 13, 2016 (the “Bault Deed”). The southern
boundary of the Bault Property coincides with the northern boundary of the
Easement Area.
[5] At some point, Bault approached Craig Newforth about installing drives over a
part of the Easement Area in order to connect the Bault Property to the Access
Road, and Craig Newforth objected. On September 12, 2016, Bault filed a
1
The arrows and names of the Checkered Racing Parcel, the Newforth Property, the Bault Property, State
Road 43, and the Easement Area are supplied by this Court.
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complaint seeking declaratory relief and an injunction. Bault alleged a shallow
ditch separated his property from the Access Road, that access to and from his
property by semi tractor trailer vehicles is reasonable and necessary for his
mulch business, and that he desires to install at his expense a culvert pipe and
two graded gravel areas within the Easement Area. He requested a permanent
injunction enjoining the Newforths from interfering with his rights.
[6] On December 9, 2016, at Bault’s request the trial court conducted a site visit
with the parties, and in September 2017, it held a bench trial. Bault presented
numerous exhibits including the relevant recorded instruments, the Owen
County zoning ordinance and comprehensive plan, proposed drive illustrations,
traffic notes, and photographs of the Easement Area, his vehicles and mulch
operation, and the access drives of other mulch businesses. Bault presented
evidence related to the volume and types of vehicles which would use the access
drives and proposed a design of two forty-foot-wide drives, a forty-five-foot
apron on the east side of each drive, 2 and a fifteen-foot apron on the west side
of each drive, and he presented evidence regarding the reasons for his proposed
design.
[7] On November 14, 2017, the court entered Findings of Fact, Conclusions of
Law and Judgment. It found that Bault’s rights under the Easement include the
2
“The ‘apron’ is the area on either side of a driveway which flares wider at its connection point with the
roadway (here, the Access Road) [and] is intended to allow turning vehicles additional maneuvering space as
they negotiate the turn.” Appellants’ Appendix Volume 2 at 23.
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right to utilize the entire Easement and Access Road for vehicular access to and
from the Bault Property; the right to install two one-hundred-foot-wide access
areas which are reasonably necessary to Bault’s use and enjoyment of the
Easement; the right to install a drainage culvert under each access area; and the
right to utilize the Easement and Access Road for vehicular access by Bault’s
heavy equipment vehicles to and from the Northern Bault Parcels via the
Checkered Racing Parcel. The court found that the terms of the Easement are
clear and unambiguous, permit Bault’s intended installation of the access areas,
and do not restrict the manner in which he can use and develop the Bault
Property, the type and size of vehicles he and his customers can utilize, the type
and size of drives or access areas he can install within the Easement Area, or his
use of the Easement for his heavy equipment vehicles to access the Northern
Bault Parcels via the Checkered Racing Parcel.
[8] The court further found it was reasonably foreseeable at the time the Easement
was created that it would be utilized by semi tractor trailers and heavy
equipment vehicles. It found that Bault’s intended use will not subject the
Newforth Property to extra burdens or materially impair or unreasonably
interfere with the Newforths’ use and enjoyment of the Newforth Property. It
found that Bault’s anticipated annual volume of vehicles is reasonably
foreseeable, permissible, and consistent with the historical use of the Access
Road and Franklin Industrial Park, and that his rights under the Easement
include the right to utilize the entire 0.88-acre, fifty-foot-wide Easement for
vehicular access to and from the Bault Property. The court also found that
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Bault may use the Easement and Access Road for vehicular access by his heavy
equipment vehicles to and from Northern Bault Parcels via the Checkered
Racing Parcel for as long as the current owner of the Checkered Racing Parcel
allows such access.
[9] Other findings are that a drive width of forty feet is reasonably necessary for
semi tractor trailers to safely and sufficiently enter and exit the Bault Property,
an eastern apron of forty-five feet in width is reasonably necessary for the
vehicles to enter and exit the Bault Property to and from the east via the Access
Road and State Road 43, and a western apron of fifteen feet is reasonably
necessary for Bault’s heavy equipment vehicles to safely and sufficiently exit the
Bault Property to the west toward the Checkered Racing Parcel and the
Northern Bault Parcels at all times of day and in all weather conditions. The
court found the total width of the access areas allows semi tractor trailers to
enter the Bault Property without having to swing into the oncoming lane of
traffic in the Access Road or the access area which would present a safety risk
and create traffic conflicts. Further the court found that Bault established by
clear and convincing evidence that a second drive prevents vehicles from
backing up on the Access Road and potentially State Road 43, promotes more
efficient internal traffic flow on the Bault Property, and creates less stress on the
semi tractor trailers and their tires, and enjoined the Newforths from interfering
with Bault’s rights under the Easement.
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Discussion
[10] In entering declaratory judgment for Bault, the trial court issued findings of fact
and conclusions thereon pursuant to Indiana Trial Rule 52. Our standard of
review is well-settled:
First, we determine whether the evidence supports the findings
and second, whether the findings support the judgment. In
deference to the trial court’s proximity to the issues, we disturb
the judgment only where there is no evidence supporting the
findings or the findings fail to support the judgment. We do not
reweigh the evidence, but consider only the evidence favorable to
the trial court’s judgment. Challengers must establish that the
trial court’s findings are clearly erroneous. Findings are clearly
erroneous when a review of the record leaves us firmly convinced
a mistake has been made. However, while we defer substantially
to findings of fact, we do not do so to conclusions of law.
Additionally, a judgment is clearly erroneous under Indiana Trial
Rule 52 if it relies on an incorrect legal standard. We evaluate
questions of law de novo and owe no deference to a trial court’s
determination of such questions.
McCauley v. Harris, 928 N.E.2d 309, 313 (Ind. Ct. App. 2010) (citations
omitted), reh’g denied, trans. denied. The Newforths are appealing from an
adverse judgment, and the trial court’s findings are clearly erroneous if they are
not supported by substantial evidence of probative value. See id. We will affirm
a judgment where we find substantial supporting evidence, unless we are left
with a definite and firm conviction that a mistake has been made. Id.[11] The Newforths assert that the extension of the right to use the Easement for
access to property not identified as the benefited property or dominant estate of
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the easement, namely, the Northern Bault Parcels, is an improper extension of
the easement and overburdens the easement. They argue: “The design
characteristics are not in dispute with the exception of the fifteen foot (15’)
apron, the sole purpose of which would allow traffic to exit the Bault Real
Estate westbound, which is an improper enlargement of the easement.”
Appellants’ Brief at 17. Further, the Newforths argue that the genesis of Bault’s
desire for two drives was his unspecified plans for stockpiling mulch on his five-
acre parcel, and that he provided nothing demonstrating a layout for stockpiling
mulch or why two drives allow greater utilization of his land than one drive.
[12] Bault maintains the Newforths do not contend on appeal that any ambiguity
exists in the terms of the Easement. He argues that Checkered Racing has
consented to his use of its parcel to access the Northern Bault Parcels and that
the Easement does not require the Newforths’ consent. Bault further maintains
that the evidence supports the conclusion that the second drive is reasonably
necessary for his use of the Easement and that a second drive avoids damaging
vehicles and equipment, promotes traffic flow and safety on the Access Road
and State Road 43, allows him to store additional mulch, is common in the
mulch industry, and is consistent with the Easement’s purpose of permitting
industrial vehicles safe and sufficient access to and from the rural industrial
park parcels. He also argues that the fifteen-foot western aprons and use of the
Checkered Racing Parcel enable him to keep his slow-moving heavy equipment
vehicles off of State Road 43 which would impede the flow of traffic and
present a risk to driver safety.
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[13] The owner of an easement, known as the dominant estate, possesses all rights
necessarily incident to the enjoyment of the easement. Rehl v. Billetz, 963
N.E.2d 1, 6 (Ind. Ct. App. 2012) (citing Kwolek v. Swickard, 944 N.E.2d 564,
570 (Ind. Ct. App. 2011) (citing McCauley, 928 N.E.2d at 313), trans. denied).
The owners of the property over which the easement passes, known as the
servient estate, may use their property in any manner and for any purpose
consistent with the enjoyment of the easement, and the dominant estate cannot
interfere with the use. Id. All rights necessarily incident to the enjoyment of
the easement are possessed by the owner of the dominant estate, and it is the
duty of the servient owner to permit the dominant owner to enjoy the dominant
owner’s easement without interference. Id. The servient owners may not so
use their land as to obstruct the easement or interfere with the enjoyment
thereof by the owner of the dominant estate. Id. at 6-7. Moreover, the owner of
the dominant estate cannot subject the servient estate to extra burdens, any
more than the holder of the servient estate can materially impair or
unreasonably interfere with the use of the easement. Id. at 7.
[14] Indiana cases have held that the owner of an easement possesses all rights
necessarily incident to the enjoyment of the easement, and that the owner may
make such repairs, improvements, or alterations as are reasonably necessary to
make the grant of the easement effectual. Duke Energy of Ind., LLC v. City of
Franklin, 69 N.E.3d 471, 483 (Ind. Ct. App. 2016) (citing Litzelswope v. Mitchell,
451 N.E.2d 366, 369 (Ind. Ct. App. 1983) (citations omitted)). See also Kwolek,
944 N.E.2d at 571 (“The dominant estate holder may make repairs,
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improvements, or alterations that are reasonably necessary to make the grant of
the easement effectual.”) (citing McCauley, 928 N.E.2d at 313); Metcalf v. Houk,
644 N.E.2d 597, 601 (Ind. Ct. App. 1994) (“The owner of the easement has a
right to make such alterations and improvements as to make the grant effectual,
provided, that an owner in common of an easement may not alter or use the
land in such a manner as to render the easement appreciably less convenient
and useful for other co-owners.”) (citations omitted).
[15] The extent of the easement interest is determined by the purpose served by the
easement. Howard v. United States, 964 N.E.2d 779, 781 (Ind. 2012) (citations
omitted). Usually, easements arise to fill some need or serve some purpose. Id.(citing Klotz v. Horn, 558 N.E.2d 1096, 1099-1100 (Ind. 1990)). That purpose,
whether expressed in the grant, implied, or acquired through prescription, is the
focal point in the relationship which exists between the titleholders of the
dominant and servient estates. Id. The servient estate is burdened to the extent
necessary to accomplish the end for which the dominant estate was created. Id.See RESTATEMENT (THIRD) OF PROPERTY (SERVITUDES) § 4.10 (2000) (the
holder of the easement “is entitled to use the servient estate in a manner that is
reasonably necessary for the convenient enjoyment of the servitude”);
Comment b., § 4.10 (“In resolving conflicts among the parties to servitudes, the
public policy favoring socially productive use of land generally leads to striking
a balance that maximizes the aggregate utility of the servitude beneficiary and
the servient estate.”); Comment e., § 4.10 (easement holder may construct
improvements on the servient estate “subject to the proviso that the holder . . .
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is not entitled to cause unreasonable damage to the servient estate or interfere
unreasonably with its enjoyment”); Comment g., § 4.10 (“In determining
whether a particular improvement will cause unreasonable damage to the
servient estate, aesthetics and the character of the property are important
concerns. . . . A use that is reasonable when both dominant and servient estates
are agricultural in character may become unreasonable when they have become
suburban.”).
[16] When construing an instrument granting an easement, the trial court must
ascertain and give effect to the intention of the parties. McCauley, 928 N.E.2d at
314. Any doubt or uncertainty as to the construction of the language of the
easement will ordinarily be construed in favor of the grantee. Id. at 315 (citing
Metcalf, 644 N.E.2d at 601).
[17] To the extent the Newforths do not challenge the trial court’s findings of fact or
conclusions, including those regarding Bault’s proposed design of the access
drives, we do not disturb those findings and conclusions.
[18] We observe, and the parties do not disagree, that the southern boundary of the
Bault Property coincides with the northern boundary of the Easement Area. As
such, the gravel access drives requested by Bault are located either on his own
property or in the Easement Area and do not extend onto any property of the
Newforths which is not subject to the Easement. The court found that,
pursuant to the Easement, Bault has the right to use the entire 0.88-acre, fifty-
foot-wide strip. The language of the granting instruments does not restrict the
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width of the Access Road or limit the installation of drives which would
connect the benefited parcels to the Access Road and allow vehicles to cross
over the ditch or culvert. The Easement does not benefit the Newforth Property
alone, which is clear from the instruments recorded prior to the Newforths’
2011 acquisition of their property. The Franklin Deed was recorded in 1998,
the Tucker Deed was recorded in 2006, and the Easement is depicted on the
2000 plat and 2009 amended plat of Franklin Industrial Park. Moreover, the
2011 Newforth Deed expressly states that the 0.88-acre Easement Area is
subject to the Easement “for the benefit of the 19.55 acre tract and the adjacent
parcels abutting the easement” as shown on the plat recorded in December 2000.
See Exhibit 5 (emphases added). On appeal, the Newforths do not challenge the
trial court’s rulings that Bault is granted access to his property from the
Easement Area and that the installation of a drive over the ditch or culvert
makes the grant effectual. Rather, the Newforths appear to limit their argument
to Bault’s use of the Checkered Racing Parcel to access the Northern Bault
Parcels and the installation of a second access drive and the fifteen-foot western
aprons.
[19] With respect to access to the Northern Bault Parcels, the trial court found:
The Court finds Bault’s rights under the [Easement] include the
right to utilize the [Easement] and Access Road for vehicular
access by his heavy equipment vehicles to and from Bault’s
Northern Parcels via the Checkered Racing Parcel for as long as
the current owner of the Checkered Racing Parcel allows such
access to his property. The Court finds neither the [Easement],
nor the principles and case law cited above, prohibit or restrict
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Bault from utilizing the [Easement] and Access Road for this
purpose. If Bault could access his Northern Parcels from his own
land in the Franklin Industrial Park, it is hard to imagine that he
would not be allowed to do so directly instead being forced to
leave out the Newforth easement and going around on SR 43 to
access the parcels from the SR itself. While Bault could not force
Newforth to allow Bault to build an access solely for the purpose
of accessing his Northern Parcels, once such an access is built,
there is nothing the Court can find that states Bault cannot use
the access road and area with permission of the owner of the
property so accessed.
Appellants’ Appendix Volume 2 at 33-34. The court also found, and the
Newforths do not dispute, that vehicular access between the Bault Property and
the Northern Bault Parcels “via the Checkered Racing Parcel and the Access
Road would enable Bault to keep his slow-moving heavy equipment off of S.R.
43, and would allow Bault to travel more safely and efficiently,” “[t]he presence
of slow-moving heavy equipment on S.R. 43 impedes the flow of traffic on S.R.
43, and presents a potential risk to driver safety on S.R. 43,” and “[f]rom a
traffic flow and safety standpoint, it is preferable for slow-moving heavy
equipment to avoid S.R. 43 and use an alternative route, such as the Access
Road and the Checkered Racing Parcel.” Id. at 20-21.
[20] The Easement Area abuts both the Checkered Racing Parcel and the Bault
Property. To the extent Bault’s agreement with Checkered Racing may result
in an increase in the volume of his vehicles using certain portions of the Access
Road, we observe the terms of the granting instruments do not limit the use of
the Easement based on the volume or types of vehicles using the Access Road
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or the relative size or use of the benefited parcels or land adjoining the benefited
parcels. The granting instruments do not require Bault and Checkered Racing
to obtain the Newforths’ permission to move vehicles or equipment between
their properties.
[21] Also, the trial court found, and the Newforths do not dispute, that Franklin
Industrial Park “was developed for industrial-type uses” and was originally
developed around a sawmill which was operated on the Newforth Property,
that the Newforth Property and the Easement Area are zoned “heavy
industrial” and the Newforths operate a trash business on their property, that
the Bault Property is zoned “agricultural” and the Owen County Zoning and
Subdivision Control Ordinance effective in 2003 identifies “forestry” as a
permitted use of a parcel zoned agricultural, that mulch is a product of the
forestry industry and its cultivation is a process within the forestry industry, and
that other parcels adjacent to the Easement are zoned “light industrial.” Id. at
15, 17. Neither do the Newforths challenge the court’s findings regarding
Bault’s use of semi tractor trailers or that the vehicles are an integral part of his
fleet and necessary to his business. The court found that daily traffic volume on
the Access Road is steady and that, on one day in 2017, ninety-nine vehicles
used the Access Road including twenty-six trash trucks belonging to Newforth,
nineteen semi tractor trailers accessing one of the parcels adjacent to the
Easement Area, and eight heavy equipment vehicles belonging to Bault. The
court found it is preferable for slow-moving heavy equipment to avoid State
Road 43 and use a route such as the Access Road and Checkered Racing
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Parcel. The court’s finding that Bault may access the Northern Bault Parcels
using the Easement and the Checkered Racing Parcel, for as long as the owner
of the Checkered Racing Parcel allows such access, is not clearly erroneous.
[22] With respect to the installation of a second drive and the western aprons, the
trial court found in part:
82. The Court finds that Bault established by clear and
convincing evidence that a total of two (2) Access Areas are
reasonably necessary to promote safety and facilitate traffic flow
both in the Access Road and in the Access Areas. The Court
finds that the evidence established that a second Access Area
allows vehicles to enter the Bault Property whenever the first
Access Area is blocked or impeded by a vehicle, which facilitates
traffic flow on the Access Road and prevents vehicles from
backing up on the Access Road and potentially S.R. 43. It
became clear that a second Access Area is especially important
considering the proximity of the Bault Property to S.R 43, the
size and wide turning radius of Semi’s, and because drivers
sometimes park their Semi’s in a driveway while asking for
parking instructions.
83. The Court finds that Bault established by clear and
convincing evidence that a second Access Area promotes more
efficient internal traffic flow on the Bault Property, creates less
physical stress on the Semi’s and their tires, and allows Bault to
store approximately two hundred (200) additional fifty-three foot
(53’) trailer loads of mulch material on the Bault Property.
Id. at 36. As for the western aprons, the court found that “a west apron of
fifteen feet (15’) of minimum width is reasonably necessary for Bault’s heavy
equipment vehicles to safely and sufficiently exit the Bault property to the west
toward the Checkered Racing Parcel and Bault’s Northern Parcels at all times
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of day and in all weather conditions.” Id. at 35. It also found that the total
width of the drives allows semi tractor trailers to enter the Bault Property
without having to swing into the oncoming lane of traffic in the Access Road or
an access area which would present a safety risk and traffic conflicts.
[23] The evidence before the trial court supports its findings. Bault testified that he
stores and grinds raw material into mulch, and that he purchased the Bault
Property because he needed additional space to store bark inventory and
process mulch. He stated that, when he runs out of room, he drives on the
mulch and piles it high, which causes the mulch to become more compact and
does not allow the material to breathe so heat does not escape and it burns. He
stated that he uses wide rows with spaces between them and that the rows allow
him to access, rotate, and turn over the mulch. He further indicated his plans to
have a pond for irrigation on the northern part of his property which could be
used for dyeing mulch or to extinguish fires. Bault stated that he could store
approximately two hundred additional loads of mulch if he had a second drive,
and that, with two drives, “I can bring my mulch, my raw material farther to
him down the property so that I don’t have to go all the way and turn around
and go back out.” Transcript Volume I at 149.
[24] Bault testified that “U-turns on trucks are hard,” “we call it screwing a trailer in
the ground,” and that a second drive would avoid requiring a vehicle to back
up. Id. at 167. He testified that it is damaging to drive through the ditch at an
angle, that he planned to install culvert pipes to preserve the flow of water if any
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in the ditch, and that he would pay to install and maintain the drives and the
culvert.
[25] Sheila Reeves, the office manager at the Owen County Health and Building
Department, testified that, from a planning and zoning standpoint, the use of
semi tractor trailers at Franklin Industrial Park is foreseeable, Bault’s
installation of two drives is permissible in the Park under the 2003 ordinance,
Bault’s anticipated volume of semi tractor trailer loads in and out of the
property is permissible, and Bault’s intended use of his property is consistent
with the purpose and present use of the Park and the 2003 ordinance.
[26] Bault also presented the testimony of Jeromy Grenard, a transportation
engineer, who presented a design for the two access areas. Grenard indicated
that the purpose of the aprons is for larger vehicles to negotiate turns into and
out of the drives, the aprons are important for a larger vehicle which has a
larger turning radius, and it is more important for narrow roads because there is
not as much negotiation space available for a driver. He testified that there
needs to be two drives for the maneuverability of multiple vehicles onto and off
of the Bault Property from the Access Road and that there needs to be a forty-
five-foot apron on the east side of the drives and a fifteen-foot apron on the west
side of the drives. He testified that, in designing the drives, he used a software
program standard in the transportation industry and that the software models
the turning path, or swept path, of a selected vehicle based on the vehicle’s
design including its width, number of axles, distance between axles, and king
pin location or hinge point.
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Conclusion
[27] There is no question that the Easement was intended to benefit the Bault
Property and that, as the Easement Area and the Bault Property share a
boundary, Bault’s proposed drives are situated within the Easement Area and
do not extend onto any property of the Newforths not subject to the Easement.
The Easement was recorded in the 1998 Franklin Deed, the 2006 Tucker Deed,
the 2011 Newforth Deed, and the 2016 Bault Deed, and it is depicted on the
2000 plat and 2009 amended plat of Franklin Industrial Park. Bault presented
extensive testimony and evidence supporting the trial court’s findings regarding
Franklin Industrial Park, the impact of Bault’s proposed drives, his access to the
Northern Bault Parcels, and the installation of a second drive and the fifteen-
foot aprons.
[28] Based upon the evidence as set forth above and in the record, and noting we do
not reweigh the evidence and consider the evidence most favorable to the
judgment, we conclude that the trial court’s judgment is not clearly erroneous.
See Rehl, 963 N.E.2d at 8 (holding the trial court did not err in entering findings
related to the relative use or increased use of the area of an easement and noting
that the parties presented evidence of the use and changes in the use of the
easement area) (citing McCauley, 928 N.E.2d at 315 (holding that the trial court
properly concluded the easement holders had the right to use the easement in its
entirety and to construct a roadway over all or any part of the easement)).
[29] For the foregoing reasons, we affirm the judgment of the trial court.
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[30] Affirmed.
Altice, J., and Tavitas, J., concur.
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