Alft v. Clayton

1995 WL 412876 (1995)

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Alft v. Clayton

Tennessee Court of Appeals
1995 WL 412876 (1995)

SC

Facts

Charles Clayton (defendant) conveyed a tract of land to Gracie Alft (plaintiff). In Paragraph 3 of the deed, Clayton also conveyed “the right of ingress and egress over a dam and the Charles Clayton driveway” to connect the conveyed tract with a road. In Paragraph 4, the deed granted Gracie and her husband, Harold, a right to use a nearby lake. The deed stated that the right to use the lake was personal to the grantees and could not be leased, assigned, or otherwise conveyed. Alft sought to sell the tract, and Clayton claimed that he would not permit the buyer to use his driveway. Alft brought suit, seeking a declaratory ruling that the right of ingress and egress over the dam and Clayton’s driveway was an easement appurtenant that could be conveyed. Clayton claimed that the right of ingress and egress over the dam and his driveway was personal and could not be conveyed. The trial court ruled in favor of Alft. Clayton appealed.

Rule of Law

Issue

Holding and Reasoning (Goddard, J.)

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