Estate Of Thomson v. Wade,

509 N.E.2d 309 (1987)

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Nature of the Case

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Facts

Plaintiff (P), the executrix of the estate of A. Graham Thomson owned land on which a motel was situated on the riverfront. Wade (D) owned the inland land which was adjacent to P's and bordered on a public road. Both parcels used to be owned to Noble who in 1945 conveyed them to different parties. Noble always used D's parcel to gain access to the public road but did not convey an express easement appurtenant over D's parcel for the benefit of P's. When Noble conveyed D's parcel to D's predecessor in interest, he did reserve to himself and to P's predecessor in interest a right of way across D's parcel. There was no problem until P erected a 50-room motel on their parcel. P them immediately acquired by quitclaim deed from Noble's successor in interest, the right of way over D's property that Noble reserved for himself. P instituted this declaratory judgment action. The court concluded that no express easement has been created. P appealed.