Grassi v. Loweth

The plaintiffs seek to enjoin the defendants from in any way interfering with the plaintiffs’ use of a certain right of way leading to a garage owned by the plaintiffs.

The case was submitted upon an agreed state of facts. The only question of law presented is whether a husband, who enjoys an estate by the entirety, may, in the absence of any legal consent of the wife, subject the property to an easement, in the nature of a right of way. That he may not legally do this seems to be definitely established by the following authorities: Hiles v. Fisher (144 N. Y. 306); Grosser v. City of Rochester…