Delgado v. Wilson

I respectfully dissent. The majority concludes that since the easement in question was granted in 1892, during the horse and buggy era, the original parties to that grant could not have intended to allow parking on the easement by the owner of the dominant estate. The record provides no support for this conclusion, nor does the majority explain why it is not conceivable that the original parties could have intended to permit the easement holder to park a buggy or wagon on the easement.

The owner of the dominant estate is entitled to the necessary use of the easement. (Flower v. Valentine…