Burcky v. Knowles

This is a petition for declaratory judgment to determine easement rights over the defendants’ land. The principal issue is whether a prior deed created an easement appurtenant or in gross. The Trial Court (Contas, J.) found an easement in gross, denied the plaintiffs the right to cross the defendants’ land, and reserved and transferred the plaintiffs' exceptions. We reverse.

The defendants’ predecessor in title purchased property located in North Hampton from Samuel Garland in 1934. Garland transferred the parcel by warranty deed with the following reservation:

Reserving to the grantor the…