Real Property: Quiet Title-Easement

Defendants appealed the judgment that quieted title in an easement between their property and plaintiffs’ landlocked property, increased the width of the easement on both parties’ properties, and ordered defendants not to interfere with plaintiffs’ use of the easement for ingress/egress to their property. Defendants argued that plaintiffs’ action was barred by the statute of limitations and that a quiet title action was not a proper means for settling a boundary dispute. Defendants further argued that plaintiffs failed to demonstrate strict necessity to expand the easement.

Where the action was filed within 10 years of plaintiffs’ ownership and possession of their property, the action was timely filed under the statute of limitations, and a quiet title action was proper to resolve a dispute over the respective legal descriptions of the parties’ properties. The trial court also properly found that widening the easement was necessary to permit access for emergency services.

Judgment is affirmed.

Casteel v. Lammers (MLW No. 81281/Case No. WD86164 – 15 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Boone County, Devine, J. (Jeffrey R. Kays, Ashland, for appellants) (Robert Caleb Colbert, Columbia, for respondents)