EASEMENTS-CREATION BY IMPLIED RESERVATION

Authors

Abstract

The owner oi a tract of land subdivided it into five lots and saved a twelve-foot strip for a driveway along the rear of each, making the lots accessible from a side street. The plaintiff and the defendant were purchasers of two of these lots. Some time after the sale of the defendant acquired all the original owner's interest in the driveway by a quitclaim deed and immediately began to erect a garage on the drive, thus preventing the plaintiff from using it. Held, that an easement arose by implied grant and that the plaintiff was, therefore, entitled to a mandatory order requiring the defendant to remove the obstruction. Ciski et al. v. Wentworth et al. (Ohio 1930) 172 N.E. 276.

Recommended Citation

EASEMENTS-CREATION BY IMPLIED RESERVATION, 29 Mich. L. Rev. 513 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss4/22