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Intention of plattor to create a single, 33-foot easement is evidenced by examination of plat alone, leaving no issue upon which reasonable minds could differ

The court held that the trial court properly granted summary disposition for the plaintiffs and third-party plaintiffs in this dispute between adjacent landowners as to whether their property is divided by a single 33-foot easement or two 16.5-feet easements. On appeal, the court began by noting that "the marking on the plat map refers to a '16.5' Drive Easement' and there appear to be two lines originating from the notation." If then found that, had the plattors "intended to create two, separate easements, the reference would be in the plural, '16.5 Drive Easements . . . ,'" that they "sectioned off the easement by depicting the enclosure of a single area," and that the 16.5-feet notation "appears to be a reference to the portion of the easement on each side of the adjacent property." In other words, "the plattors were clarifying that the easement extends 16.5 feet onto each person's property." It further noted that the easement servicing lot 45 includes the same notation as to the 16.5-feet Drive Easement. "If the plattors intended this to be two, separate 16.5-feet drive easements, there would be no need for the easement on both sides of the property line to extend to lot 45." The court concluded that "a review of the plat reveals that the easement was intended to be a 33-foot easement servicing the lots it touches . . ." and "reveals no issue upon which reasonable minds could differ." Finally, it rejected defendant's remaining arguments, holding that none of its "arguments can overcome the clear intent of the plattors, which is derived from an examination of the plat alone." Affirmed.


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