BURCKY V. KNOWLES
120 N.H. 244 (1980)
NATURE OF THE CASE: This was a declaratory action to determine easement rights.
FACTS: Ds' predecessor in title purchase property from Garland in 1934. That land was
transferred with a reservation; the right of the grantor to pass and repass over a strip of
land. In 1953, Garland sold also sold to Ds' predecessor in title an additional lot which
was located to the west of and contiguous to the original lot. Another warranty deed was
issued that gave the grantor, his heirs and assigns passage rights to reserved pasture land
which lied westerly and northwesterly of the granted parcels. P is the successor in title to
Garland's land. D refused access to P and P sued. The trial court ruled that the easement
was in gross. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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