Kell v. Oppenlander

In this action to quiet title, 1 the dispute turns on the interpretation of an express easement. Plaintiff and defendant filed cross-motions for summary judgment, essentially asking the trial court to determine whether actions taken by defendant triggered the easement’s termination clause as a matter of law. The court granted summary judgment for defendant. Plaintiff appeals and we reverse.

In August 1988, plaintiff purchased the vacant lot next to defendant’s property, intending to build on it. Although plaintiff had not read the easement prior to his purchase, he was told by the seller that…