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Keywords

plaintiffdefendantdamagesinjunctiontrialeasement

plaintiffinjunctiontrialeasement

Related Cases

Birdsey v. Kosienski, 140 Conn. 403, 101 A.2d 274

Facts

The defendants owned a tract of land in Meriden, Connecticut, which was originally part of a larger property owned by Charles Seeley. In 1861, Seeley conveyed a portion of his land to Parker and Perkins, reserving a right of way for himself. Over the years, the property changed hands, and the right of way was acknowledged in various deeds. The plaintiff, who is a descendant of Seeley, claimed that the right of way was being obstructed by the defendants, leading to the legal action for an injunction and damages.

The property which Charles Seeley continued to own after his conveyance to Parker and Perkins, that is, the dominant tenement, was quitclaimed by him to George Seeley on August 2, 1873.

Issue

Did the trial court err in concluding that the plaintiff owned the right of way and in issuing an injunction against the defendants for obstructing it?

The principal contentions are that the court erred in concluding that the plaintiff owned the right of way, particularly in the course designated by the court, and that, if the right of way existed, the court should have refused an injunction because the plaintiff had been overburdening the easement.

Rule

An easement can be created by grant and may run with the land, even if the original deed does not explicitly state that it is for the benefit of heirs and assigns, provided the intent of the parties indicates such an intention.

A reservation of an easement running with the land to which it is appurtenant may be created without the use of words of limitation to the heirs and assigns of the grantor.

Analysis

The court examined the original deed and the surrounding circumstances to determine the intent of the parties. It found that the right of way was of significant value to the dominant tenement and that the easement was intended to benefit the land itself rather than being a personal right of the original grantor. The court also upheld the validity of an oral agreement modifying the location of the right of way, as it was supported by part performance.

The trial court was warranted in concluding that it was the intent of the parties to the deed of 1861 to create an easement which would run with the Seeley land permanently, and not an easement personal to Seeley.

Conclusion

The court affirmed the trial court's judgment, concluding that the plaintiff had a valid right of way and that the defendants' actions in obstructing it were unlawful.

The court describes a course for the passway different from that which existed and was used prior to 1939.

Who won?

The plaintiff, Birdsey, prevailed in the case because the court found that the easement was intended to run with the land and that the defendants unlawfully obstructed the right of way.

The court concluded that the easement created by the deeds in 1861 is one appurtenant to the plaintiff's land and was not personal to Charles Seeley.

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