Badger v. Hill

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• deciding that the servient estate cannot interfere with the dominant estate holder's \effective use\ of the easement
• holding where a reference to \pedestrian right of way or foot path\ in the easement was ambiguous, review of why it was necessary to reach the water was required
• remanding case for factual findings related to interference with a right-of-way, and instructing the court to make legal determinations thereon
• finding the purpose of an easement to a river included the right to build a dock because a dock was contemplated at the time of conveyance
• allowing use of extrinsic circumstances only when consideration of plain meaning does not suffice
• finding a deed that plainly described the width of the right of way, the mode of passage, and the terminus to be unambiguous in respect to basic elements, but ambiguous in respect to the full scope of the use or purpose.

Source: CourtListener parenthetical corpus (CC0).