Get more case briefs explained with Quimbee. Quimbee has over 20,000 case briefs (and counting) keyed to over 223 casebooks https://www.quimbee.com/case-briefs-overview Estate of Thomson v. Wade | 509 N.E.2d 309 (1987)An easement grants the right to pass through anothers property. In Estate of Thomson versus Wade, the plaintiff argued he had an easement allowing his motel guests to cross his neighbors property. But did he?The estate of A. Graham Thomson, which well call Thomson, owned a parcel of land on the St. Lawrence River, known as the annex parcel. Judith Wade owned the unimproved parcel of land directly adjacent to the annex parcel, known as the inland parcel. The inland parcel sat between the annex parcel and the public road. Both the annex parcel and the inland parcel were originally owned by Edward Noble. Noble conveyed the annex parcel to Thomsons predecessor-in-interest. Noble had always used the inland parcel to access the road from the annex parcel. But when he sold the annex parcel, he didnt convey with it an express easement over the inland parcel for the annex parcels benefit.Separately, Noble sold the inland parcel to Wades predecessor-in-interest. At that time, he reserved to himself personally, and to the annex parcels owner, a right-of-way across the inland parcel. Over several decades, the general public and the subsequent owners of the annex parcel used this right-of-way to access the public road. Eventually, Thomson built a motel on the annex parcel.Fearing an increase in traffic crossing her land to get to Thomsons new motel, Wade tried to bar Thomsons use of the inland parcel for road access. Thomson then acquired a quitclaim deed to Nobles personal right-of-way from Nobles successor-in-interest, the Noble Foundation, transferring whatever interest the foundation held in the right-of-way. Thomson sued for a declaratory judgment, claiming an easement over the inland parcel by express grant. Thomson argued that Noble intended that the annex parcel benefit from an easement over the inland parcel, relying on Nobles reservation of the right-of-way for himself and Thomsons predecessor-in-interest. Thomson also relied on the quitclaim deed conveying to him Nobles personal right-of-way. The trial court ruled for Thomson. The appellate division reversed. Thomson appealed to the New York Court of Appeals. Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/estate-of-thomson-v-wade The Quimbee App features over 20,000 case briefs keyed to over 223 casebooks. Try it free for 7 days! https://www.quimbee.com/case-briefs-overview Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/estate-of-thomson-v-wade Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel https://www.youtube.com/subscription_center?add_user=QuimbeeDotComQuimbee Case Brief App https://www.quimbee.com/case-briefs-overviewFacebook https://www.facebook.com/quimbeedotcom/Twitter https://twitter.com/quimbeedotcom#casebriefs #lawcases #casesummaries
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Get more case briefs explained with Quimbee. Quimbee has over 20,000 case briefs (and counting) keyed to over 223 casebooks https://www.quimbee.com/case-briefs-overview Estate of Thomson v. Wade | 509 N.E.2d 309 (1987)An easement grants the right to pass through anothers property. In Estate of Thomson versus Wade, the plaintiff argued he had an easement allowing his motel guests to cross his neighbors property. But did he?The estate of A. Graham Thomson, which well call Thomson, owned a parcel of land on the St. Lawrence River, known as the annex parcel. Judith Wade owned the unimproved parcel of land directly adjacent to the annex parcel, known as the inland parcel. The inland parcel sat between the annex parcel and the public road. Both the annex parcel and the inland parcel were originally owned by Edward Noble. Noble conveyed the annex parcel to Thomsons predecessor-in-interest. Noble had always used the inland parcel to access the road from the annex parcel. But when he sold the annex parcel, he didnt convey with it an express easement over the inland parcel for the annex parcels benefit.Separately, Noble sold the inland parcel to Wades predecessor-in-interest. At that time, he reserved to himself personally, and to the annex parcels owner, a right-of-way across the inland parcel. Over several decades, the general public and the subsequent owners of the annex parcel used this right-of-way to access the public road. Eventually, Thomson built a motel on the annex parcel.Fearing an increase in traffic crossing her land to get to Thomsons new motel, Wade tried to bar Thomsons use of the inland parcel for road access. Thomson then acquired a quitclaim deed to Nobles personal right-of-way from Nobles successor-in-interest, the Noble Foundation, transferring whatever interest the foundation held in the right-of-way. Thomson sued for a declaratory judgment, claiming an easement over the inland parcel by express grant. Thomson argued that Noble intended that the annex parcel benefit from an easement over the inland parcel, relying on Nobles reservation of the right-of-way for himself and Thomsons predecessor-in-interest. Thomson also relied on the quitclaim deed conveying to him Nobles personal right-of-way. The trial court ruled for Thomson. The appellate division reversed. Thomson appealed to the New York Court of Appeals. Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/estate-of-thomson-v-wade The Quimbee App features over 20,000 case briefs keyed to over 223 casebooks. Try it free for 7 days! https://www.quimbee.com/case-briefs-overview Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/estate-of-thomson-v-wade Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel https://www.youtube.com/subscription_center?add_user=QuimbeeDotComQuimbee Case Brief App https://www.quimbee.com/case-briefs-overviewFacebook https://www.facebook.com/quimbeedotcom/Twitter https://twitter.com/quimbeedotcom#casebriefs #lawcases #casesummaries
