McElroy v. StephensAnnotate this Case
The Supreme Court vacated the judgment of the superior court granting summary judgment in favor of Plaintiffs and declaring that Plaintiffs were entitled to unobstructed access to a beach easement and may cross Defendants' properties to reach that easement, holding that genuine issues of material fact remained, precluding summary judgment.
At trial, Plaintiffs asserted that their property enjoyed an unrestricted easement appurtenant to the beach by virtue of the original easement to cross over the beach and that they were entitled access to the beach because they held a right-of-way over all three of defendants' properties based on the doctrines of easement by implication and easement by necessity. The hearing justice granted summary judgment in favor of Plaintiffs. The Supreme Court vacated the judgment, holding that where the hearing justice did not first determine whether an implied easement or easement by necessity existed for Plaintiffs to cross over Defendants' properties, the case must be remanded for further fact-finding.