Court: Lariat Diesel Corp. had implied easement
CHEYENNE - Lariat Diesel Corp. has authority to access its own property by crossing its neighbors' property because the company had an implied easement across the other property before the new owners bought it, the Supreme Court ruled Tuesday.
The ruling affirms an earlier ruling in the case by Natrona County District Judge Gary P. Hartman.
The previous owner of both properties sold Lariat the property at 3100 E. Yellowstone in 1995 with the understanding that Lariat would be able to drive its trucks over the other property, 3110 E. Yellowstone, to access its new place.
The previous owner later agreed to give Lariat formal written permission for an easement across 3110 E. Yellowstone for its customers.
Then the previous owner sold the 3110 E. Yellowstone property, which changed hands at least one other time before it was bought by William and Tia Hansuld.
Shortly after they bought the property next to Lariat's place, the Hansulds denied access to Lariat and erected a fence to prevent use.
The realtor selling the property raised questions about the validity of the easement that had been granted to Lariat.
The Hansulds filed a lawsuit in district court seeking a judgment on the validity of the agreement granting the easement to Lariat.
Lariat in turn filed a counterclaim to establish its rights to the easement across 3110 E. Yellowstone.
Meanwhile, the access road to both parties' properties was straightened, and as a result, the state of Wyoming abandoned a portion of its right-of-way, which added property to the southern edges of both the Hansulds' and Lariat's properties.
The Supreme Court upheld the district court's rulings in the case and also found that the state's abandonment of part of its right-of-way had no bearing on the case.
Posted in Local on Friday, December 26, 2003 12:00 am
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