First Union National Bank v. Eppoliti Realty Co.

Opinion

PETERS, J.

The issue in this appeal is whether a court’s grant of an easement by pecessity must specifically describe the scope of such an easement. The owner of the servient estate claims that, in granting an easement over his property for “all general purposes,” the court improperly created an easement that, in effect, gave the owner of the dominant estate unlimited use of the easement. We agree and direct the trial court, on remand, to fashion a proper remedy.

On February 13, 2003, the plaintiff, First Union National Bank (First Union), 1 filed a three count complaint against the…