HURLOCKER V. MEDINA
878 P.2d 348 (1994)
NATURE OF THE CASE: Hurlocker (P) appealed a summary judgment for Medina (D) in P's
action seeking to impose an easement by necessity,
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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