Boston Group Gold Min. Co. v. Britt

Citations

• 5 Alaska 552

Syllabus

<p>Easements <g=»42—Beseevation of Bight of Wat.</p> <p>Tbe defendant purchased land from plaintiff, and in the contract for conveyance it was agreed: “It is expressly provided, however, that in event of necessity that Boston Group Gold Mining Company shall have a right of way over the westerly part of the above-described tract to reach its mining property.” On suit brought by plaintiff to prevent the defendant from obstructing a road existing across said tract, held the contract is not for any particular road, but for a right of way, the right to make a road. Before the transfer of the land the plaintiff owned both the land and the road thereon. It had no easement therein, but the jus disponendi thereof. After the transfer it had only the reserved right to build a road across the property when the necessity shall arise. No proof is made of the necessity, and the action is dismissed without prejudice.</p> <p><@3»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>