Kenneth Willis v. State Indiana

This cause comes to us on a petition to transfer from the Third District Court of Appeals. The issue presented is whether a conveyance of an easement appurtenant by warranty deed that expressly grants "access to Eagle Lake" contemplates the right of the easement holder to build, maintain and use a pier at the lake end of the easement on the servient parcel. The trial court below held that it did not and granted the servient owners motion for summary judgment. The Court of Appeals affirmed. Klotz v. Horn (1989), Ind. App., 537 N.E.2d 509. For reasons set forth below, we now grant transfer and reverse.