McCleary v. Lourie

There being no specific grant to the plaintiffs of an easement in the grove, nor express covenant with respect to its use, the plaintiffs’ interest therein, if any, under the facts in this case must be established by way of estoppel.

Mrs. Thayer, plaintiffs’ grantor, caused the Point to be surveyed and plotted pursuant to a purpose to develop White Birch Point as an exclusive summer colony. It is clear from the character of such an enterprise and the location and situation of the property, as disclosed by the survey and plan, that the lake was regarded as an essential feature of the proposed…