Deane v. Kahn
Annotate this CasePlaintiff claimed a right-of-way over land owned by John Gorman and land owned by Amy and Robert Kahn. The trial court quieted title and established an easement by deed in favor of Plaintiff over the Gorman property and established an easement by necessity in favor of Plaintiff over the Kahn property. The Appellate Court reversed, concluding that Plaintiff failed to prove the location or use of the easement by deed over the Gorman property and the use of the easement by necessity or implication over the Kahn property at the time his property effectively became landlocked. The Supreme Court (1) reversed as to the creation of an easement by deed over the Gorman property, holding that there was sufficient evidence to support the trial court’s conclusion that it was the intent of the parties to the deed to create an easement appurtenant; and (2) affirmed as to the creation of an easement by necessity over the Kahn property but reversed as to creation of easement by implication over the Kahn property, holding that an easement by necessity could not be imposed under the circumstances of this case and that the case must be remanded for further proceedings on Plaintiff’s claim for an easement by implication.
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