Schold v. Sawyer
Colorado Court of Appeals
944 P.2d 683 (Colo. App. 1997)
Relevant factsFree
The Scholds (plaintiffs) owned an express, 40-foot-wide right-of-way easement across the Sawyers' (defendants) property, which they used as a driveway to access their own land. The Sawyers built gates and cattle guards on either side of the driveway, and the Scholds sued for an injunction requiring their removal, arguing the structures interfered with their easement rights. The trial court granted the Scholds summary judgment, and the Sawyers appealed.
IssueFree
Whether an owner of land subject to an easement may use the easement for any lawful purpose so long as such use does not interfere with the easement holder's rights to use the easement.