GILMAN v. BLOCKS

No. 102,084.

235 P.3d 503 (2010)

John O. GILMAN, et al., Appellants/Cross-appellees, v. Gerard BLOCKS, et al., Appellees/Cross-appellants.

Court of Appeals of Kansas.

July 9, 2010.


Attorney(s) appearing for the Case

Bruce W. Beye, of Overland Park, for appellants/cross-appellees.

Gerard Blocks and Sandra E. Ullah, appellees/cross-appellants pro se.

Before STANDRIDGE, P.J., GREEN and MARQUARDT, JJ.


GREEN, J.

In this declaratory judgment action, we must determine whether a written declaration entered into between two adjoining landowners created an easement or a license for a 15-foot tract of land adjacent to a party pond. The trial court determined that based upon a specific paragraph in the declaration, the landowners intended to create a license and not an easement. Alternatively, the trial court determined that even if an easement had been created, the landscaping...

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