O'DONOVAN V. HUGGINS
728 A.2d 681 (1999)
NATURE OF THE CASE: This was a dispute over the assignability of an easement in gross.
FACTS: Property was purchased along with an option on an adjacent parcel. When a deal
fell through to construct a multiple lot subdivision on the optioned parcel, the property
was sold to Huggins but the seller decided to retain a right of way and an easement across
the property so that there would be access to the optioned land. The deed besides containing
the easement also contained a contract that no present or future owners of the property
would oppose a subdivision development of the optioned adjacent parcel. O'Donovan, a
developer, purchased the adjacent parcel and applied for a subdivision. A dispute
immediately developed over the transferability of the easement. O'Donovan (P) then sued both
the owner of the easement and Huggins (D) for a declaratory judgment regarding the right to
sell the easement. The court ruled for D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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