Cushman v. Davis

Opinion

JENKINS, J. *

This is a classic hornbook case. Concepts of easements “appurtenant” or “in gross,” and “dominant” versus “servient” tenements, which were mystifying in law school, the bane of bar examinations, and buried during long legal and judicial careers, now surface.

A [appellant] owner of Blackacre since 1976, seeks to subdivide his 16-acre parcel and obtain access by a road across Whiteacre (owned by B [respondents]) to a public street. A’s predecessor in title C [Murphy] had used the road only ten times per year—five each in February and July—to bring in equipment for spraying…