BOS Terra, LP v. Beers

¶1 Bos Terra, LP, appeals from the final judgment of the Tenth Judicial District Court finding that an easement created by a 1977 Real Estate Easement Agreement (Agreement) was in gross, rather than appurtenant, and that Bos Terra had no rights under the Agreement absent grantor’s consent to assignment. We affirm.

¶2 The parties raise three issues on appeal:

1. Whether the District Court erred when it granted summary judgment determining that the June 20, 1977 easement was an easement in gross.

2. Whether the District Court erred in holding that Bos Terra is a third party assignee and not a…