EASEMENTS-IMPLIED GRANT-RIGHT OF WAY-DISCONTINUOUS

Authors

Abstract

Plaintiff's testator owned a tract of land on which there were two houses. In 1897 he sold one house, which came to the defendant by various mesne conveyances. Defendant's property was narrow, the sole means of access to the rear of the house being a driveway, wholly situated on the land retained, now owned by the plaintiff. From the time of its erection all occupants of defendant's dwelling had used the driveway as a means of hauling coal and wood to the rear of the house. Plaintiff sought to restrain this use and defendants claimed an implied easement, by grant, created on the severance of the original tract. Held, injunction granted. An easement in a right of way is "non-continuous" and does not pass as appurtenant to the land granted unless strictly necessary. Burling v. Leiter, 272 Mich. 448, 262 N. W. 388 (1935).

Recommended Citation

EASEMENTS-IMPLIED GRANT-RIGHT OF WAY-DISCONTINUOUS, 34 Mich. L. Rev. 882 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss6/13