Kinderhaus North LLC v. Karl Nicols

Summary

The court held that the deed created an express easement and that the easement holder could use the full described area and take reasonable measures to remove obstructing trees. It vacated the limits placed on vehicular use, the timber-trespass damages, and the punitive-damages award for common-law trespass, remanding for findings on whether the terrain made part of the easement impossible or unfeasible for vehicles and for analysis of the punitive-damages factors. It affirmed summary judgment against the Fullertons on their slander-of-title and abuse-of-process claims and affirmed the denial of relief from judgment on the common-law trespass claim.