Beach v. Turim

Jay and Judith Turim were trustees of a family trust that owned property in a subdivision. Barbara Beach, the owner of a neighboring property in the subdivision, erected a wall at one end of the Turims’ purported private walk easement and had concrete poured over the steps located within the easement that provided usable access to the Turims’ lot. The Turims filed an amended complaint alleging a private nuisance against Beach and asking the trial court to issue an injunction requiring Beach to remove the wall and restore the steps. The circuit court held that an express easement had been created in favor of the Turims over Beach’s property and granted an injunction requiring Beach to remove the wall and to restore the steps within the easement to their former condition. The Supreme Court reversed the judgment of the trial court and vacated the injunction, holding that the Turims were the beneficiaries of an express easement over the private walk, as the subdivision deed did not create an express easement in favor of the Turims. View "Beach v. Turim" on Justia Law