Harry v. Crescent Resources, Inc.

HORTON, Judge.

Plaintiffs contend that they have a property right in the nature of “a negative appurtenant easement limiting the use of the Remnant Parcels to undeveloped open space” because their deeds, and those of their predecessors in title, describe their property with reference to the subdivision plat on which the four remnant parcels appear as open undeveloped space. We disagree, and affirm the judgment of the trial court.

An appurtenant easement is

an easement created for the purpose of benefitting particular land. This easement attaches to, passes with and is an incident of ownership of…