Mccauley v. Harris

• Decision Date: 01 September 2010
• Docket Number: No. 28A04-0907-CV-421.,28A04-0907-CV-421.
• Citation: 928 N.E.2d 309
• Parties: Randyl A. McCAULEY and Deanna R. McCauley, Appellants-Defendants,v.James S. HARRIS and Diane C. Harris, Appellees-Plaintiffs.
• Court: Indiana Appellate Court

928 N.E.2d 309

Randyl A. McCAULEY and Deanna R. McCauley, Appellants-Defendants,v.James S. HARRIS and Diane C. Harris, Appellees-Plaintiffs.

No. 28A04-0907-CV-421.

Court of Appeals of Indiana.

June 18, 2010.

Rehearing Denied Sept. 1, 2010.

COPYRIGHT MATERIAL OMITTED

Maggie L. Smith, Carl W. Butler, Frost Brown Todd LLC, Indianapolis, IN, Attorneys for Appellants.

Marilyn A. Hartman, Hartman & Paddock, P.C., Bloomfield, IN, Attorney for Appellees.

OPINION

CRONE, Judge.

Case Summary

Randyl A. McCauley and Deanna R. McCauley (“the McCauleys”) appeal the trial court's judgment in favor of James S. Harris and Diane C. Harris (“the Harrises”). The trial court granted the Harrises' request for a permanent injunction against the McCauleys enjoining them from interfering with the Harrises' use and enjoyment of a thirty-foot-wide ingress and egress easement which runs over the McCauleys' property. The trial court also ordered the McCauleys to remove that portion of a pole barn which encroaches on the Harrises' easement and awarded damages to the Harrises for expenses incurred as a result of the McCauleys' interference with the Harrises' use of the easement. We affirm.

Issue

The sole restated issue presented for our review is whether the trial court applied the correct legal standard when it concluded that the Harrises, as grantees of a specific and defined easement for ingress and egress, have the right to clear and pave the entirety of their thirty-foot-wide easement which also necessitates removal of a portion of the McCauleys' pole barn.

Facts and Procedural History

The relevant facts indicate that on April 12, 2002, James Harris and Dale DuKate purchased a forty-acre tract of land in Greene County as tenants in common. The tract was divided into two 19.92-acre parcels (the “East tract” and the “West tract”), and Harris and DuKate decided that each of them would take one of those tracts. Because the only potential roadway access to the property was from the southeast corner, Harris and DuKate agreed that the receiver of the East tract would convey to the receiver of the West tract a thirty-foot-wide ingress-egress and utility easement along the southern border of the East Tract. Harris and DuKate had a survey conducted of the entire property, and the thirty-foot wide easement was staked and marked with physical markers. The written survey provided a legal description for the whole property and specifically delineated the boundaries of the easement with precise measurements from the physical markers. Harris and DuKate exchanged quitclaim deeds for the property, whereby DuKate conveyed his one-half interest in the West tract to Harris along with the thirty-foot-wide ingress and egress easement over the East tract. The survey was recorded as part of the deed.

At the time Harris and DuKate purchased the property, the wooded West tract property had no cleared access to any county road. Between June of 2002 and August 2005, the Harrises cleared some trees and brush from a portion of the easement to allow their initial access to the West tract. The Harrises put down gravel on approximately a twelve-foot-wide portion of the easement to facilitate access to their property.

In August of 2005, unbeknownst to the Harrises, DuKate conveyed a 3.58 acre tract of his property to the McCauleys. The tract included that portion of DuKate's land over which the Harrises had their easement. The conveyance to the McCauleys was made “[s]ubject to any and all easements, right of ways, reservations of record,” and the quitclaim deed provided a legal description of the property and a directive to “see attached Exhibit B.” Volume 3, Exhibit II. Exhibit B consisted of a survey entitled “DESCRIPTION-30 foot Ingress-Egress and Utility Easement.” Id. The attached survey contained a legal description of the Harrises' easement and was recorded with the quitclaim deed to the McCauleys. The survey clearly showed that the thirty-foot-wide easement ran along the southern edge of the conveyed property, and the survey contained the specific legal description of the easement boundaries. Similarly, at the time of the conveyance, visible markers were in place on the McCauleys' property delineating the easement boundaries. Despite their knowledge of the exact location and boundaries of the easement, the McCauleys constructed a pole barn on their property that encroaches onto the thirty-foot easement between one and one-half and two and one-half feet at different points. Although the McCauleys' home sits close to the easement boundaries, the home sits outside the thirty-foot-wide easement.

The Harrises did not visit their property for more than a year, and between the time the McCauleys purchased their property and October 2006, the Harrises and the McCauleys had no contact. In October of 2006, the Harrises hired an excavator to clear additional trees and brush off the easement in preparation for the Harrises' plan to construct a paved roadway over the entirety of the easement. However, when the excavator arrived to clear the easement, the McCauleys prevented the excavator from performing the work. In addition, on several occasions, the McCauleys obstructed the Harrises' ingress and egress to their property by blocking the easement with parked cars.

On November 19, 2007, the Harrises filed their complaint for temporary and permanent injunction, declaratory judgment, and request for damages against the McCauleys.¹ By agreement of the parties, on January 16, 2008, the trial court issued a preliminary injunction enjoining all parties from obstructing the easement.² A bench trial was held on April 16, 2009. On June 11, 2009, the trial court entered its findings of fact, conclusions thereon, and judgment in favor of the Harrises. Specifically, the trial court found in relevant part that the Harrises have a clearly defined and identified thirty-foot-wide easement running along the southern edge of the McCauleys' property, that the McCauleys had actual and record notice of the existence and location of the Harrises' easement prior to the placement of any structures on the McCauleys' property, and that the Harrises have the right to use the full thirty-foot width of the ingress and egress easement, which includes the right to construct a roadway over all or any part of the thirty-foot easement. Accordingly, the trial court ordered as follows:

A. The Defendants, Randyl McCauley and Deanna McCauley are hereby permanently enjoined from directly or indirectly interfering with the [Harrises'] ingress and egress as well as any clearing or other work related to the construction of a roadway over all or any part of their 30 foot ingress and egress easement.

B. The Defendants are ordered to remove that portion of the pole barn which encroaches on the easement within Sixty (60) days of the date of this Order.

C. The Court enters judgment in favor of the [Harrises] and against the [McCauleys] in the sum of $1,812.50, plus the costs of this action of $176.00. Each party shall be responsible for their own attorney fees.

D. The Court hereby finds in favor of the [McCauleys] and denies the [Harrises'] claim for punitive damages.

E. If [the Harrises] determine it is necessary to remove trees and/or soil in the process of developing the easement area, they shall first offer it to [the McCauleys], who shall have 30 days from the receipt of notice to remove the trees and/or soil from the easement area at [the McCauleys'] expense. If the trees and/or soil have not been removed by the [the McCauleys] not later than 30 days from the date of receipt of notice, then it shall be considered that [the McCauleys] have abandoned and disclaimed any right, claim or interest to the trees and/or soil to be removed.

Appellants' App. at 10. This appeal followed.

Discussion and Decision

We begin by noting that 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.

Johnson v. American Classic Mortg. Corp. 894 N.E.2d 268, 270 (Ind.Ct.App.2008) (citation omitted). We also note that the Harrises bore the burden of proof at trial and prevailed. Therefore, the McCauleys are appealing from an adverse judgment. See

Garling v. Ind. Dep't of Natural Res., 766 N.E.2d 409, 411 (Ind.Ct.App.2002) ( opinion on reh'g ) (appeal from judgment based on findings in favor of party bearing burden of proof is appeal from an adverse judgment) trans. denied. When the trial court enters findings in favor of the party bearing the burden of proof, the findings are clearly erroneous if they are not supported by substantial evidence of probative value. Romine v. Gagle, 782 N.E.2d 369, 376 (Ind.Ct.App.2003) trans. denied. 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. See id.

The McCauleys contend that the trial court erred when it concluded that the Harrises have the right to clear the entirety of their thirty-foot-wide easement,...