Kemery v. Mylroie

The issue presented by this appeal is whether certain “access rights” granted to plaintiffs created an easement appurtenant to their land or merely created an easement in gross. More particularly, the issue is whether the access easement can be appurtenant to the dominant estate notwithstanding the fact that the way created over the servient estate neither abuts nor terminates on the dominant estate. The trial court held that the easement created could be, and in this .case was, legally — even though not geographically — appurtenant to the dominant estate. We agree.

Prior to 1969, plaintiffs’…