Abbott v. Butler
Supreme Court of New Hampshire
Trespass quare clausum. Defence, a right of way in the locus in quo. Facts agreed. Butler and Chesley owned a tract of land bounded northerly by the highway leading from Durham to Dover, and southerly by a highway leading from Durham to the old Piscataqua bridge. Southerly from this tract, and across the last named highway, was a tract of land owned by Butler.
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Trespass quare clausum. Defence, a right of way in the locus in quo. Facts agreed. Butler and Chesley owned a tract of land bounded northerly by the highway leading from Durham to Dover, and southerly by a highway leading from Durham to the old Piscataqua bridge. Southerly from this tract, and across the last named highway, was a tract of land owned by Butler. A cart-path passed across Butler and Chesley’s land from one highway to the other, and this was used by Butler to accommodate his land. Butler and Chesley conveyed the southerly part of their tract next the Piscataqua bridge road to the…
1Opinion of the CourtAllen, J.
The owner of a way on land of another is limited in its use to the terms of the grant from which the way is derived. If granted for one purpose, he cannot use it for another. French v. Marstin, 24 N. H. 440; Cowling v. Higginson, 4 Mee. & W. 245; Kirkham v. Sharp, 1 Whart. 323; Wash. Eas. 185, 186. But while the térras of the grant cannot be enlarged beyond their natural meaning, they will not be so narrowed as to prevent the beneficial use by the grantee of what is granted, in the manner and for the purposes fairly indicated by the grant. Senhouse v. Christian, 1 T. R. 560; Russell v.…
2Cases cited1 opinion
- Kirkham v. SharpSupreme Court of Pennsylvania · 1836
3Cited by6 opinions
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- Ware v. Public Service Co. of New HampshireSupreme Judicial Court of Maine · 1980
- Sandown v. KelleySupreme Court of New Hampshire · 1952
- Romanoff Equities, Inc. v. United StatesUnited States Court of Federal Claims · 2014
- Bisson v. Laconia Investment Properties, Inc.Supreme Court of New Hampshire · 1989
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