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Fairbrother v. Adams

Supreme Court of Vermont
378 A.2d 102 (Vt. 1977)


In 1959, Henry and Hazel Fairbrother (plaintiffs) conveyed a parcel of land to W. B. Adams and Allen C. Adams (defendants). The parcel was approximately three acres of the Fairbrothers’ farm. The deed conveying the parcel also conveyed “the hunting and fishing rights on the other lands of the Fairbrother farm.” The deed contained a habendum clause stating the rights were conveyed to the Adamses and to “their heirs and assigns forever.” The parties later disputed whether the deed conveyed exclusive hunting and fishing rights, and whether the Adamses could convey the rights to other parties. They sought a declaratory judgment, and the trial court held that the Adamses could not convey their rights to others. The case was appealed to the state supreme court.

Rule of Law


Holding and Reasoning (Billings, J.)

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