Hurlocker v. Medina

878 P.2d 348 (1994)

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Nature of the Case

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Facts

Stamm acquired a large tract of land and in 1957 created the Casa Solana subdivision. Stamm conveyed all the subdivision lots and retained the 2.2-acre parcel. At the time the subdivision lots were conveyed, the 2.2-acre parcel had alternate access to a public road. In 1963 lot 13 was sold to Barton, and, at the same time, Stamm conveyed the 2.2-acre parcel to the Bartons. In 1982 the Bartons, in a single deed, conveyed both lot 13 and the 2.2-acre parcel to First Interstate Bank. In 1984 the Bank sold lot 13, and, through a series of further conveyances, lot 13 came to be owned by D. The 1984 conveyance left the 2.2-acre parcel 'landlocked.' In 1992 P acquired the landlocked property by special warranty deed. P purchased at 50% off because the parcel was landlocked. P sued D for an easement by necessity. D argued, and the district court agreed, that in New Mexico the unity of title necessary to sustain an easement by necessity requires that the dominant and servient estates be a single undivided parcel prior to the conveyance at issue. P appealed.