Higbee Fishing Club v. Atlantic City Electric Co.
New Jersey Court of Chancery
On final hearing on bill, pleadings and proofs. Complainant is the owner of a rectangular lot of land the dimensions of which are sixty feet by one hundred feet. The land is not adjacent to a highway and no means exists for travel to or from complainant’s lot without the'necessity of passing over the land of others. The bill seeks to establish a way of necessity across the land of defendant.
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On final hearing on bill, pleadings and proofs. Complainant is the owner of a rectangular lot of land the dimensions of which are sixty feet by one hundred feet. The land is not adjacent to a highway and no means exists for travel to or from complainant’s lot without the'necessity of passing over the land of others. The bill seeks to establish a way of necessity across the land of defendant. Complainant purchased the lot referred to in the year 1897 from the executors of Jonas Higbee, deceased. The deed to complainant conveys the lot by metes and bounds, together with the "tenements,…
1Opinion of the Court
Leaming, V. C.
1. It is well settled that a right of way ovei a grantor’s land arises when such grantor sells land wholly surrounded by other land which he retains, or when the part sold is surrounded in part by the land retained and in part by that of a stranger, over which there is no right of access. In such cases the way is a necessary incident to the grant, for without it the grant would be useless; the grant is necessarily for the beneficial use of the grantee and the way is necessary to the use. Stuyvesant v. Woodruff, 21 N. J. Law (1 Zab.) 133, 155; Lore v. Stiles, 25 N. J. Eq. (10 C.…
2Cited by10 opinions
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- Backhausen v. MayerWisconsin Supreme Court · 1931
- Camp Clearwater, Inc. v. PlockNew Jersey Superior Court Appellate Division · 1958
- Gilpin v. Jacob Ellis Realties, Inc.New Jersey Superior Court Appellate Division · 1957
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