Marble Techs., Inc. v. Mallon
Annotate this CaseIn 1936, the the Grand View Development Corporation distributed a large tract of real estate in a beach area to its shareholders via a deed. A referenced map included two parallel lines depicting an easement. Between the parallel lines was written “Along Present Mean High Water.” Due to changes in the sand and water levels since 1936, the easement is now under water. Plaintiffs, landowners of some of the properties conveyed by the 1936 deed, sought a declaratory judgment claiming that the location of the express easement moved with the mean high water line as the beach eroded. Defendants asserted that the easement had been extinguished. The circuit court ruled that Plaintiffs had a variable express easement that moved with the mean high water line. The Supreme Court reversed, holding that that the express easement created by the 1936 deed had been extinguished because the easement never moved from the mean high water line as it existed in 1936.
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