Background
Kory and Sumer Lynn Dyer appealed from a post-trial judgment of the Delaware Court of Chancery in their dispute with Janina M. Servino and James J. Servino, III. The dispute involved an express easement over Lot 5 and a portion of a “jughandle” located within the easement’s boundaries.
The Court of Chancery issued a Post-Trial Memorandum Opinion on November 5, 2025, followed by a Final Order on November 24, 2025. The Dyers challenged that judgment in the Delaware Supreme Court.
The Court’s Holding
The Delaware Supreme Court affirmed the Court of Chancery’s judgment. After reviewing the briefs and appellate record, the court concluded that affirmance was warranted for the reasons stated in the Court of Chancery’s Post-Trial Memorandum Opinion and Final Order.
The Supreme Court also stated that the express easement over Lot 5 is 25.04 feet wide. It clarified that the portion of the jughandle falling within those 25.04 feet is included in the express easement.
Key Takeaways
- The Delaware Supreme Court affirmed the Court of Chancery’s post-trial judgment.
- The express easement over Lot 5 is 25.04 feet wide.
- The portion of the jughandle within that 25.04-foot width is part of the express easement.
Why It Matters
The order leaves the Court of Chancery’s resolution of the parties’ property dispute intact while expressly clarifying the easement’s width and its coverage of the jughandle. That clarification provides a concrete boundary for determining which portion of the disputed area is subject to the express easement.