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FIRST UNION NAT. BANK v. EPPOLITI REALTY

No. 27120.

915 A.2d 338 (2007)

99 Conn.App. 603

FIRST UNION NATIONAL BANK v. EPPOLITI REALTY COMPANY, INC., et al.

Appellate Court of Connecticut.

Decided February 20, 2007.

Attorney(s) appearing for the Case

Mark S. Baldwin, with whom, on the brief, was Elizabeth A. Fowler, Hartford, for the appellants (defendants).

Julia B. Morris, with whom, on the brief, was Sandi Beth Girolamo, Hartford, for the appellee (plaintiff).

DiPENTIMA, LAVINE and PETERS, Js.

PETERS, J.

The issue in this appeal is whether a court's grant of an easement by necessity must specifically describe the scope of such an easement. The owner of the servient estate claims that, in granting an easement over his property for "all general purposes," the court improperly created an easement that, in effect, gave the owner of the dominant estate unlimited use of the easement. We agree and direct the trial court, on remand, to fashion a proper remedy....

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