Property Keyed to Saxer
Hurlocker v. Medina
Stamm Development Company (SDC) created a subdivision out of a tract of land. SDC then conveyed all of the subdivision lots to Allen Stamm and Associates (ASA), keeping a 2.2-acre parcel for itself. At this time, the 2.2-acre parcel was accessible by a private road. In 1963, ASA sold lot 13 of the subdivision to Merritt and Mary Barton. SDC also conveyed its 2.2-acre parcel to the Bartons. In 1982, the Bartons conveyed lot 13 and the 2.2-acre parcel to First Interstate Bank (the Bank) in the same deed. In 1984, the Bank sold lot 13. After several conveyances, Defendants came to own it. As a result of the 1984 conveyance, the 2.2-acre parcel became landlocked. In 1992, the Bank conveyed the 2.2-acre parcel to Plaintiff by special warranty deed. Plaintiff purchased the property at fifty percent of its value because the parcel was landlocked. Plaintiff sued, seeking to impose an easement by necessity on Defendants’ property for access to his landlocked property. The trial court granted Defendants’ motion for summary judgment.
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