New York Court of Appeals
509 N.E.2d 309 (N.Y. 1987)
In 1945, Edward John Nobel conveyed two parcels of land to third parties. One parcel, called the annex parcel, lies on the St. Lawrence river. The other parcel lies between the annex parcel and the public road. When Nobel conveyed the annex parcel, he did not convey an express easement appurtenant to the annex property over the other parcel. However, when Nobel conveyed the other parcel, he reserved for himself and for the owner of the annex parcel a right-of-way across the other parcel. Nobel’s interest in the right-of-way passed to an entity called the Nobel Foundation. The right-of-way was thereafter used by the annex parcel’s owner and members of the public to access the waterfront. The annex parcel eventually passed to A. Graham Thomson (plaintiff), and the other parcel passed to Judith Wade (defendant). Thomson built a 50-room motel on the annex parcel, which greatly increased traffic across the right-of-way. Wade sought to bar the use of the right-of-way across her parcel, and Thomson acquired from the Nobel Foundation its interest in the right-of-way. Thomson then sought a declaratory judgment that he had an express easement over Wade’s parcel. He argued that, in the deed for Wade’s parcel, Nobel had reserved easements for the annex parcel’s owner and for himself, both of which Thomson had acquired. The lower court held that there was no express easement, and Thomson appealed.
Rule of Law
Holding and Reasoning (Per curiam)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 237,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.