MacKenzie v. Madden
Respondents R. Bruce and Louise MacKenzie and their neighbors, including appellants Joseph E. and Christy Madden, all have a private road easement incident to the ownership of their respective parcels. To protect against flooding from an adjacent creek and provide privacy to their road, respondents and a group of their neighbors placed a berm, rocks and hedges along the outer edge of the parcel of property owned by appellants, who live on the other side of the creek and reach their residence from a different road. Appellants did not approve of the changes and litigation ensued. Following a three-day bench trial that included a visit to the site, the trial court found the improvements were a proper exercise of respondents' rights and duties under a right-of-way easement and accordingly entered judgment in their favor. Appellants contend the court's ruling is legally and factually erroneous. We affirm.
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