Hobbs v. Kearney

CAMPBELL, Acting Chief Judge.

Appellant, Helen Miller Hobbs, challenges the final declaratory judgment which concluded that appellee, Grace E. Kearney, held a perpetual easement over appellant’s property. The final judgment interpreted the easement to implicitly grant to Kearney, in perpetuity, the right to construct or use a later-constructed boat dock at the eastern end of the easement into the waters of Lemon Bay. We reverse the final judgment insofar as it found an implicit perpetual easement to use or construct a boat dock.

On April 29, 1977, Kearney and Hobbs entered into a contract in…