Morrell v. Rice

622 A.2d 1156 (1993)

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Nature of the Case

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Facts

Two parcels of land were created in 1810 of which that owned by the Morrells (P) in 1971 was abutted to the Rices (D) but was bordered by marshes, and tidal flats on two sides and the only access was through a road on D's property. The two parcels were created a few weeks apart in 1810; one on April 24, 1810, and the other on April 7, 1810. P sued D for a determination that his land is benefited by an easement by necessity over the abutting land owned by D. The court gave the judgment to P and found that the intrafamily land transfers to be essentially contemporaneous and that the very geographical layout and situation of P's land left no doubt that such an easement was granted but only allowed an easement for a single family home. Both parties appealed.