Johnson v. Skyline Telephone Membership Corp.

EAGLES, Judge.

The sole issue here on appeal is whether the heirs of A. B. McNeill had the power to grant an express easement over the subdivision’s streets to plaintiff. Defendants argue that, by subdividing the property, recording the subdivision plat, and selling all of the lots in the subdivision, A. B. McNeill relinquished all of his interest in the streets, dedicating them to the purchasers. Further, defendants contend that, since A. B. McNeill retained no interest in the streets, his heirs had no interest to convey to plaintiff. We disagree.

It is well established that an owner who…