Property Law Keyed to Dukeminier
Brown v. Voss
CaseCast™ – "What you need to know"
When Plaintiffs acquired parcel B there was a single-family dwelling. Plaintiffs planned to remove that house and build another single family house that would straddle the boundary of parcel B and parcel C. In the express grant of the easement creating the private road, Parcel B was the dominant estate which benefited from the easement over Defendant’s servient estate, Parcel A. Parcel C thus was not technically involved or contemplated in the original easement and was not in title part of the dominant estate. The Trial Court found there was no increase in the volume of travel to reach a single family dwelling whether it was strictly on parcel B or on parcel B and parcel C. Defendants sought to enjoin the plaintiffs from using the private road to access their home being constructed on the boundary of parcel B and parcel C. The trial court had found parcel C would be landlocked if an injunction were granted.
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