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Remedies Keyed to Tabb, 8th
Thurston Enterprises, Inc. v. Baldi
Citation:
128 N.H. 760, 519 A.2d 297 (1986)Facts
Thurston Enterprises operated a marina and purchased adjoining land from Baldi, who operated a drive-in movie theater. The purchased land was rocky, steep, and accessible only by traveling across Baldi’s theater property. Baldi granted Thurston a fifty-foot-wide easement across the theater, subject to the limitation that it not interfere with Baldi’s use. The easement passed under a theater marquee less than ten feet high and past a ticket booth located in the center of the right of way, both preexisting structures visible at the time of conveyance but not mentioned in the deed. The right of way was paved with light asphalt farm mix adequate for theater traffic. Beginning in 1979, Thurston used ten-wheel trucks to transport fill, which were too high to pass under the marquee and too wide to navigate around the ticket booth, causing them to deviate from the right of way. This heavy truck traffic, particularly during vulnerable spring conditions, destroyed the pavement and created deep ruts both in the right of way and in adjacent speaker aisles. After unsuccessful attempts to stop the damage, Baldi blocked the easement entrance in 1984, prompting litigation.
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