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MEMORANDUM T. Facts. a. Introduction This case arises out of a dispute between owners of adjacent properties on a peninsula on Lake Minnetonka. Plaintiffs are Sandra Benson Wingerd and Harold Wingerd. Defendants are Frederick Puzak, and 1350 Baldur, LLC, a Minnesota Limited Liability company whose sole shareholder, President, and Chief Manager, is Mr. Puzak. In this action,the parties have filed restraining orders against each other, along with claims for Declaratory Judgment Orders regarding easements on each others' properties, for tort damages caused by interference with each others' purported easements, and for other tort damages and trespass offenses. b. History of properties in question. Lots 20-33 of Block 1, Baldur Park, are the last 13 lots of a peninsula jutting into Lake Minnetonka. Baldur Park Road provides the only public access to the peninsula and the real estate in question. Baldur Park Road terminates at Lot 20. Arnold R. Boxrud and Maybelle S. Boxrud jointly owned Lots 20-33, in fee simple absolute, prior to May 25, 1948. The Boxruds resided in a house on Lot 30, and used a gravel driveway from Baldur Park Road that crossed Lot 20 to access the rest of the peninsula. The remainder of the Lots were undeveloped. On May 25, 1948, the Boxruds executed a contract for sale of Lot 20 and part of Lot 21 to John Ferrin and Marlen Ferrin. The relevant portions of that 1948 Deed are as follows: This Indenture, Made this 25th day of May, 1948, between Arnold R. Boxrud and Maybelle S. Boxrud... and John Ferrin and Marlen Ferrin... Witnesseth, That the [Boxruds]... do hereby Grant, Bargain, Sell, and Convey unto the [Ferrins], their assigns, the survivor of said parties, and the heirs and assigns of the survivor, Forever, all the tracts or parcels of land lying and being in the County of Hennepin and State of Minnesota, described as follows,to-wit: 2