Windham v. Riddle

I respectfully dissent because I conclude an appurtenant easement was established in the contract for the sale of the land from Covington to Windham. The majority finds no appurtenant easement was created because Covington needed to both (1) retain a sufficient interest in the land he sold by contract to Windham, and (2) remain the owner of the dominant estate until title passed to Windham. I am not convinced either proposition is essential to the creation of the easement appurtenant in this case.

As a threshold issue, there is a question as to the proper scope of appellate review. As stated…