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Home / Opinions / Courts / Court of Appeals, Southern District / Real Property: Egress/Ingress Easement-Weight of the Evidence

Real Property: Egress/Ingress Easement-Weight of the Evidence

Defendants appealed from the denial of their claim to reform a warranty deed that granted plaintiffs, defendants’ neighbors, an egress/ingress easement. On appeal, defendants challenged the trial court’s application of the law and the weight of the evidence supporting the trial court’s judgment.

Where the warranty deed expressly granted the easement, and subsequent references to the land along which the easement lay were meant to exclude that property from plaintiffs’ fee simple title, the trial court did not err in weighing the evidence to find that the parties intended to transfer an easement.

Judgment is affirmed.

White v. Simon (MLW No. 74404/Case No. SD35773 – 7 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.) Appealed from circuit court, Dade County, Munton, J. (Travis Allen Elliott, Springfield, for appellant) (Aaron P. Lyons, Springfield, for respondent)