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Burcky v. Knowles

Supreme Court of New Hampshire
413 A.2d 585 (1980)


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

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Issue

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Holding and Reasoning (Bois, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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