University:
Santa Ana College
Course:
CJ 109 | Community Interaction
Academic year:

2021
Views:

355

Pages:

1
Author:

kundgetanufv

Green v. Lupo Greens (dominant estate) own property, but Lupo (servient estate) owns a portion of the property Trying to purchase land in installments (don’t have title to Northern portion) Bank couldn’t collect if Lupos defaulted (bank wants title of parcel outright as collateral) Greens want easement to their property, what will be Lupos (easement in exchange for title of property) Legal issue: ambiguity of the written contract (whether it is in gross or appurtenant) If in gross just for the Greens (personal), if appurtenant, anyone with right to land Court rules: 1. Was it in gross or appurtenant?  Appurtenant easements (more favorable) 2. Is this use in the scope of the easement?  Motorcycles are a popular means of transportation  Can’t engage in such extreme use beyond what is contemplated in easement  Holder of easement has responsibility not to use unreasonably, servient owner just has to avoid interfering with use  P. 514 bottom diagram (driveway is easement in appurtenant, utility = in gross) [benefit is personal, burden w/ the land] Cox v. Glenbrook Co. (1962) Quill pays $10 for easement to road to get to his property Issue: whether or not ?????  Court rules lower court was wrong  Width for one car with some occasional turn outs  Need clarity in the law (ambiguity is difficult here) Application of law to facts -40 to 60 new home (undue burden here?) Henley v. Continental Cablevision of St. Louis County, Inc. (1985) If easement is exclusive (excludes grantor & trustees), then easement holder can apportion & convey to others Non-exclusive (doesn’t exclude grantor) then not apportionable  Court finds its exclusive and thus apportionable  Pertinent easements are divisible to a reasonable extent (can cause undue burden on servient estate) o Harder w/ easement in gross

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