Hanson Industries, Inc. v. Spokane County

A deed conveying a right-of-way to a railroad for purposes of constructing a railway is generally construed as granting an easement rather than an estate in fee simple. Hanson Industries, Inc.’s predecessors-in-interest conveyed what was described as a “right-of-way” to the railroad. The question presented is whether the original grantors of the right-of-way intended to convey an easement or fee title. Based on our reading of the deeds and the relevant case law, we conclude that an easement was intended. We therefore reverse the trial court’s summary judgment to the contrary and remand for…