Millbrook Hunt, Inc. v. Smith

670 N.Y.S.2d 907 (1998)

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Nature of the Case

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Facts

D is the owner of a 285-acre parcel of land. P is an organization dedicated to the preservation and perpetuation of traditional fox hunting. P and D’s prior owner entered into an agreement to allow an easement to P for 75 years from 1987 to use D’s land for fox hunting. The owner had the right to develop the land and redirect P’s trails. D purchased the land subject to the easement and decided to eject P while P was performing routine maintenance to their fox hunting trails. P sued D for a declaration and an injunction. D countersued and claimed that P possessed a mere license and not an easement. P got the judgment and D appealed.