Tarason v. Wesson Realty, LLC
Annotate this CaseJ. Russell Tarason sought injunctive relief and a declaratory judgment declaring that he held an easement over a portion of Wesson Realty's property. The superior court concluded that Tarason did not hold an easement over a portion of Wesson Realty's property because the 1925 deed that created the easement conveyed only a life estate in a right-of-way that terminated upon the death of the original grantee. The Supreme Court affirmed, holding that although the superior court erred in concluding that section 772 of the Short Form Deeds Act did not apply to this case, the court properly concluded that the language of the 1925 deed demonstrated a clear intention to create an easement in gross that terminated upon the death of the original grantee rather than to create an appurtenant easement.
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