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Home / Courts / Real Property – Easement – Appurtenant – Location & Width – By Necessity (access required)

Real Property – Easement – Appurtenant – Location & Width – By Necessity (access required)

Proctor v. Steedley Where a deed from defendant’s predecessor granted plaintiff’s predecessor an “access road”, used words of inheritance (“their heirs and assigns forever”) both before and after the property description with the accompanying easement language, and followed the property description and easement language with the phrase, “together with all and singular, the rights, members, hereditaments and appurtenances to the said premises belonging or in anywise incident or appertaining,” the deed as a whole shows the grantor’s intent to convey an appurtenant easement.

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