Castle Associates v. Schwartz

63 A.D.2d 481 (1978)

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Nature of the Case

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Facts

In 1883, 17 acres of land were acquired by Simpson. In 1897, Simpson sold a small parcel to Sweet. The remainder of his land was divided into four sections. In 1903, Simpson sold the southwest section to Crossman. The deed from Simpson to Crossman contained a right of way for ingress and egress. However, the terms of the grant did not locate the easement. In 1907, Simpson sold the northeast parcel to Emerson but a road that was required to be opened on this land by the 1903 deed was never opened, and no objection to Simpson's failure to do so was registered. In 1907, Simpson later sold the northwest parcel to Ferguson, and she then purchased the Northeast parcel from Emerson and the southwest parcel from Crossman. Simpson still retained the southeast parcel. In 1946, Knutson purchased the southeast parcel from the successors in title to Simpson. Knutson was unaware of the existence of an easement of way across his property. Castle Associates (P) acquired the three parcels that were owned by Ferguson and even attempted to purchase a small part of the Knutson (D) parcel, and D refused to sell. P then discovered the forgotten easement and demanded that D locate and open a right of way across his property. D refused, and this suit was the result. The trial court held that when Ferguson had acquired the dominant estate of Crossman and the servient estate of Emerson, the easement was extinguished. This appeal resulted.