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Property Keyed to Rabin
Hillside Development Co. v. Fields
Facts
Nelson constructed a house with a garage and driveway on property he owned. The driveway had to wrap around the front of the house on the east to the back of the house on the north in order for the driveway to connect from the garage to the only accessible public road. The septic tank and lines were on the west side. Nelson bequeathed this property and surrounding land to the Shriners Hospital. In 1984, Shriners subdivided the property and sold the undeveloped land to Hillside Development Co. (Plaintiff), including all or nearly all of the land on which the driveway was located, reserving a right-of-way easement for the use of the residential lot and house. The recorded easement did not match the location of the driveway by failing to account for a small curved section of the driveway located in front of the house. In 1987, Shriners sold their remaining portion to Fields (Defendant), noting in the title that the curved portion of the driveway was not included in either the title or the express easement.
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