Gamburg v. Cooper

In Gamburg v. Cooper, 131 Ariz. 545, 546, 642 P.2d 890, 891 (App. 1982), the trial court found that a servient estate owner was not entitled to erect gates across an access easement. On appeal, because the appellants had failed to provide trial transcripts, this court presumed the evidence supported the trial court's judgment and therefore affirmed. Id. at 546-47, 642 P.2d at 891-92. In doing so, this court held that absent an express or implied prohibition, a servient estate owner may erect a gate across an easement if the gate: (1) is "necessary for the use of the servient estate," and; (2) does not constitute an "unreasonable interference with the right of passage." Id. at 546, 642 P.2d at 891. The answers to these inquiries are ordinarily questions of fact, dependent upon the circumstances of the particular case. Gamburg, 131 Ariz. at 546, 642 P.2d at 891.