SPRINGFIELD — The Missouri Court of Appeals Southern District has upheld, with modification, a circuit court judgment granting an implied easement across a portion of property.
Jeffrey and Esther Wheeler’s property to their neighbors, Thomas and Carol Benzen and Shaun and Sharmyla Schniedermeyer.
Jeffrey and Esther Wheeler appealed the decision of Ozark Circuit Court, arguing that the trial court erred in granting an implied easement that had not been pleaded, was not supported by sufficient evidence and lacked a legal description, according to the Sept. 4 decision. The appeals court rejected all three points, affirming the lower court’s judgment as modified.
The dispute arose from land in Drury, Ozark County, that was once held in common ownership before being subdivided. The Wheelers own Tracts 3, 4 and 5, while Thomas and Carol Benzen and Shaun and Sharmyla Schniedermeyer own Tracts 1 and 2, respectively.
The properties are accessed by a roadway known as Jersey Lane, which runs across the Wheelers’ land and connects to Ozark County Road 164.
The circuit court found that the Benzens and Schniedermeyers were entitled to an easement by implication along Jersey Lane, citing its historical use by predecessors in title and the necessity for access.
On appeal, the Wheelers first argued that the plaintiffs had not pleaded a claim for an implied easement. They pointed to counts in the plaintiffs’ petition that sought quiet title and declaratory judgment for an easement by shared driveway, prescription and necessity, but none explicitly seeking an “implied easement.”
The appeals court held, however, that Missouri law determines the character of a cause of action by the facts alleged, not by the labels used in pleadings.
The plaintiffs alleged they had no other practicable access to their land, which the court found sufficient to satisfy the “reasonable necessity” element required for an implied easement.
The Wheelers next contended that plaintiffs failed to prove reasonable necessity at trial, arguing that alternative access routes existed and could be improved with modifications. Testimony revealed that Lazy Day Drive, a dirt trail on the Benzens’ property, was impassable for large vehicles and heavy equipment due to dips, mud, snow and washouts.
The Schniedermeyers described failed attempts to build a driveway across rough terrain and incidents where vehicles slid off into trees.
The court contrasted these conditions with precedent in which alternatives were feasible, concluding that the costs and efforts required to remediate the terrain here would be prohibitive.
In their third point, the Wheelers argued the judgment lacked a legal description of the easement. They noted that Jersey Lane runs along large portions of both neighbors’ boundaries but is only used in limited sections.
The appeals court found the judgment sufficiently described the easement, as it incorporated the parties’ deeds, surveys and maps identifying Jersey Lane, which was well established and long defined.
The appeals court modified the circuit court’s judgment to correct a discrepancy between the count number cited and the applicable legal theory.
The circuit court had granted relief, which alleged an express easement, while its findings supported an implied easement claim consistent. The appeals court corrected the judgment to reflect that the implied easement was granted.
As modified, the judgment granting the Benzens and Schniedermeyers an easement by implication across Jersey Lane was affirmed.
Judges Becky J. West, Don E. Burrell and Jack A. L. Goodman concurred in the decision.
Missouri Court of Appeals, Southern District case number: SD38761
