Falcone v. Benjamin

The plaintiff owns two acres of muck land in the town of Lima constituting a part of a parcel of 15 acres con*144veyed by Charles S. Shepard February 15, 1849. Shepard was the owner of about 300 acres and in conveying the 15-acre parcel he made no provision for a right of way to a public highway on the south upon which the 300 acres abutted. The two acres of the plaintiff are without any means of access to a public road unless the remaining lands of the grantor Shepard were impressed with such a right of way by necessity when the conveyance was made. After the conveyance of the 15-acre parcel…