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The law firm of Alderman Bernstein, representing Cheryl L. Kimble, one of the easement holders, <br /> submitted to the Division a letter captioned"Objection to Application for Permit No. M 2016010", <br /> dated April 18, 2016 (the"Bernstein Letter"). The Bernstein Letter describes the respective rights <br /> and privileges set out in the decree. The Bernstein Letter states that the surface owner can erect <br /> gates and cattle guards on Little Turkey creek Road "but cannot obstruct passage or travel on such <br /> road." The Bernstein Letter then argues that the action by the surface owner cannot restrict the <br /> "unobstructed passage by way of Little Turkey Creek Road [by]the dominant estate holders to their <br /> properties." The Bernstein Letter, however, mischaracterizes the decree, and selectively quotes <br /> only a portion of the relevant provision of the decree. The decree in fact states: "the construction of <br /> the cattle guards shall be accomplished in a manner so as not to obstruct passage or travel on the <br /> road." The restriction on obstructing passage or travel in the decree applies only to the construction <br /> of cattle guards. The decree does not grant the easement holders a broad, inviolable right to wholly <br /> unobstructed passage along the road. <br /> Rather, as noted above, then, the relationships between the road easement and the surface estate <br /> is governed by(1)the language of the instrument(in this case, a court decree), (2)the <br /> circumstances under which it was created, and (3)the purpose for which it was created. The court <br /> decree describes a fairly limited use of the road easement by the nearby property owners: <br /> 1. The Little Turkey Creek Road is"for ingress and egress to and from"the owner's <br /> property across Sections 15 and 16 to Highway 115.29 <br /> 2. The owners of Section 15 and 16 may erect three gates at their property lines"with the <br /> duty on the users of the road to close the gates after use.i30 The gates may be locked if <br /> the surface owners and easement owners enter into an agreement addressing locking <br /> the gates.31 <br /> 3. The owners of Section 15 and 16 may erect on the road"such cattle guards as they may <br /> need." The cattle guards may not obstruct passage or travel on the road.32 <br /> 4. The surface owners may erect a sign, not obstructing travel on the road, stating that the <br /> road is a private road, and that improper use of the road is a trespass.33 <br /> 5. Those with a right to use the road may not"deviate or depart from the right of way <br /> thereof on to the adjoining real property.34 <br /> These provisions set forth the rules applicable between the owners of Sections 15 and 16 and the <br /> property owners crossing those sections to enter and leave their property. The provisions set forth <br /> above are all the limits placed on the owners of Sections 15 and 16. As noted above, the Supreme <br /> Court in Lazy Do4 Ranch explains, absent some limitation set forth in the instrument creating the <br /> easement, the servient estate may be used in any manner that does not unreasonably interfere with <br /> the enjoyment of the easement. The owner of the servient estate retains"all rights and benefits of <br /> proprietorship"and the rights of the dominant estate"are limited to those connected with the use of <br /> 29 Board Order at 3. <br /> 30 Board Order at 13. <br /> 31 Id. <br /> 32 Id. <br /> 33 Board Order at 13. <br /> 34 Board Order at 14. <br /> 8 <br />