Index, Inc. v. Moon

SCHWARTZ, Chief Judge.

The plaintiff-appellant sued for the establishment of an easement by way of necessity across the land of its grantor, the appellee, Moon, so as to reach a tiny piece of its property extending into the Atlantic Ocean. The evidence showed, however, that the area in question, which was usable only by individuals gazing over or entering the water to swim or scuba dive, was also accessible by foot from the main body of the appellant’s property via a narrow but adequate-for-the-purpose strip of land which had likewise been conveyed to the plaintiff. Under these circumstances,…