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Burcky v. Knowles
New Hampshire Supreme Court
413 A.2d 585 (1980)
- Written by John Yi, JD
Facts
In 1934, Garland conveyed property to the defendant’s predecessor in interest via a deed with a right-of-way easement. In 1953, Garland conveyed another parcel adjacent to the first. The deed reserved an easement that extended the right of way reserved in the 1934 deed. The 1953 deed, however, stated that the easement would pass to the grantor’s “heirs and assigns.” The plaintiff sought a declaratory judgment to resolve easement rights over the defendant’s land. The trial court determined that because the 1934 deed did not contain words of inheritance, it needed to ascertain the intent of the parties. In so doing, the court held that the 1934 deed created an easement in gross.
Rule of Law
Issue
Holding and Reasoning (Bois, J.)
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