A special judge has ruled Cole County Assessor Chris Estes and his neighbor have equal access to an easement between their two properties.
The dispute between the two neighbors was the subject of a 2019 civil lawsuit.
Special Judge Aaron Martin, of Moniteau County, ruled Estes and his wife, Tracey, who live in the 1600 block of Wooded Hills Lane, have the non-exclusive right to use of an easement for ingress and egress.
The easement runs across property on Wooded Hills Lane owned by the defendants in the suit, Danny and Nancy Schaffer. The Esteses said the easement was granted by a special warranty deed in May 2017.
Martin also ordered the Esteses have the right to maintain the easement including mowing, removing brush and trees along with the right to maintain the gravel roadway that exists on the easement.
In August 2018, the Esteses claimed the Schaffers placed cut trees on the easement, which blocked the Esteses and interfered with their right to use the easement. The Esteses said this was done because the Schaffers objected to the Esteses parking vehicles on the easement.
In his order, Martin said the Esteses may not place, park, construct or erect any object upon any portion of the easement which would in any way interrupt the use of any portion of the easement by the Schaffers for ingress or egress. This includes, but is not limited to, parking of vehicles.
Martin's order also states the Schaffers may not place, park, construct or erect any object upon any portion of the easement which would in any way interrupt the use of any portion of the easement by the Esteses in ingress or egress. This includes, but is not limited to, fencing or brush piles.
Martin ordered both parties shall remove any objects placed upon the easement by them within 30 days of his judgment, and both sides have no authority to restrict any ingress or egress of each other or restrict any activities of maintaining the easement of each other. Martin also ordered the Esteses pay their attorney's fees.
"We are pleased to have a resolution to this situation," Estes said Friday. "The law upheld our legal rights in this case."
This lawsuit was filed in October after Estes and Danny Schaffer had reportedly gotten into a physical altercation in June over the dispute about the property line. A charge of misdemeanor assault was filed against Estes. The charge was dismissed earlier this month; Cole County Prosecutor Locke Thompson declined to comment on why it was dropped.