Barrett v. Kunz

How courts have described this case

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

• recognizing that “[p]ersonal easements are typically those held by utility companies, which give them access to land to erect poles and lines, but they hold no dominant estate”
• explaining that, in contrast, personal easements, or easements in gross, are intended only to benefit the holder, and they are usually created for a limited purpose and a limited duration
• explaining that “[a]ppurtenant easements serve a parcel of land, rather than a particular person,” and therefore “pass[] with subsequent conveyances, even if the specific language of the right-of-way is not repeated”
• explaining that “personal easements, or easements in gross, are intended to benefit only the holder” and are “typically those held by utility companies, which give them access to land to erect poles and lines, but . . . hold no dominant estate.”
• stating a right of way implicitly includes the rights of ingress and egress
• “The character of an easement depends on the intent of the parties, as drawn from the language of the deed, the circumstances existing at the time of execution, and the object and purpose to be accomplished by the easement.”

Source: CourtListener parenthetical corpus (CC0).