BURCKY v. KNOWLES

No. 79-284

120 N.H. 244 (1980)

PAUL A. BURCKY AND CATHLEEN T. BURCKY v. MILDRED J. KNOWLES AND FORREST E. KNOWLES, JR.

Supreme Court of New Hampshire

March 31, 1980


Attorney(s) appearing for the Case

Seth M. Junkins, of Hampton, by brief and orally, for the plaintiffs.

Casassa, Mulherrin & Ryan, of Hampton (Peter J. Saari orally), for the defendants.


BOIS, J.

This is a petition for declaratory judgment to determine easement rights over the defendants' land. The principal issue is whether a prior deed created an easement appurtenant or in gross. The Trial Court (Contas, J.) found an easement in gross, denied the plaintiffs the right to cross the defendants' land, and reserved and transferred the plaintiffs' exceptions. We reverse.

The defendants' predecessor in title purchased property located in...

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