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Property Keyed to French
Stratis v. Doyle
Facts
In 1979, William Doyle (Defendant) gave his neighbor Donald Abbatiello a right-of-way across his land to construct a driveway. The deed provided that Abbatiello would construct and maintain the driveway, which he did not do. Defendant sold parts of the property over which the right-of-way passed to others, and Abbatiello’s property passed Plaintiffs. Defendant then interfered with Plaintiffs’ ability to use the right-of-way. They brought suit to enjoin him from interfering. Defendant claimed that the right-of-way was a license held only by Abbatiello, and that if the right-of-way was an easement, it had been forfeited because no driveway had been constructed. The trial court entered summary judgment for Plaintiffs, and Defendant appealed.
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