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Property Keyed to Rabin
Burcky v. Knowles
Facts
In 1934, Garland conveyed property to the Defendant’s predecessor by warranty deed, which reserved a right-of-way easement. In 1953, Garland conveyed the adjacent parcel to Defendant’s predecessor by warranty deed, which extended the right-of-way easement, but also stated that the easement was to pass to grantor’s “heirs and assigns.” Successors in title to the remainder of Garland’s land (Plaintiffs) sought a declaratory judgment to resolve easement rights over Defendant’s land.
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