Landy v. Cahn

The opinion of the court was delivered by

FALL, J.A.D.

In this easement dispute action plaintiffs appeal from entry of summary judgment dismissing their complaint. The issues posed in the appeal are whether a valid, enforceable access easement to the Shrewsbury River running in favor of plaintiffs exists across property owned by defendants Herbert and Ruth Cahn by virtue of a deed of easement executed on June 1, 1962 by Dorothy F. Berg and Robert E. Berg, predecessors in title to defendants’ property, and filed on May 24, 1965, or whether the purported *594easement is void as contrary to public…