Oliver v. Ernul

HUSKINS, Justice.

Does Plaintiffs’ Exhibit 1, the “rightaway deed,” expressly grant to plaintiffs a twenty-foot right-of-way over the lands of defendant Fred Ernul? If not, are plaintiffs entitled to a way of necessity over said lands ? Answers to these questions are determinative of this controversy.

Even if its execution by Fred Ernul is duly proven, the paperwriting designated Plaintiffs’ Exhibit 1 is insufficient to expressly grant an easement. While no particular words are necessary for the grant of an easement, the instrument must identify with reasonable certainty the easement created…