Todd v. Staats
Supreme Court of New Jersey
On appeal from an order advised by Vice-Chancellor Stevens, who delivered the following opinion: The complainants ask that defendant be enjoined from erecting the wall of his new building in what they claim to be an alley appurtenant to their property. In the year 1835, Andre1" Ten Eyck, being the owner of an unimproved lot of land in Somerville, having a frontage of sixty feet on the New Jersey turnpike, conveyed the westerly half of it to one Todd.
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On appeal from an order advised by Vice-Chancellor Stevens, who delivered the following opinion: The complainants ask that defendant be enjoined from erecting the wall of his new building in what they claim to be an alley appurtenant to their property. In the year 1835, Andre1" Ten Eyck, being the owner of an unimproved lot of land in Somerville, having a frontage of sixty feet on the New Jersey turnpike, conveyed the westerly half of it to one Todd. In doing so he covenanted to leave open six feet of land on the east of the division line of the lots as divided; and Todd covenanted to leave…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
The deed made in 1835 by Ten Eyck to Todd created an easement against each party in favor of the other, with regard to so much of the ten-feet strip as was owned by each. By the subsequent union of title to both the lots in Ten Eyck, that easement became legally merged in his absolute ownership. But, on his conveyance of the westerly lot to Runyon Toms in 1839, the question is presented whether the proper construction of the deed did not create the easement anew by the reference to the Todd deed of 1835, or did not revive the former easement,…
2Cited by7 opinions
- Oddo v. SaibinNew Jersey Court of Chancery · 1930
- Dvorin v. BayonneNew Jersey Court of Chancery · 1932
- Lake Lenore, Inc. v. D., L. W.R.R. Co.New Jersey Court of Chancery · 1933
- Rockaway, C., Corp. v. D., L. W.R.R. Co.New Jersey Court of Chancery · 1927
- Brown's Mills Land Co., Inc. v. Pemberton Twp.New Jersey Court of Chancery · 1944
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