Baccouche v. Blankenship

Opinion

EPSTEIN, P. J.

We deal with the enforceability of an easement for equine use. Appellant Henri Baccouche, who now owns the servient tenement, argues that the easement granted by his predecessor violates a municipal ordinance that restricts the keeping of horses on residential property, because his lot is vacant land. Respondent John M. Blankenship, who owns the dominant tenement, argues the equine use is accessory to use of his residential property, hence that it is valid. We agree that Blankenship has a valid easement. But applicable zoning ordinances prohibit the keeping of horses on a…