Miller v. Kirkpatrick

How courts have described this case

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

• concluding that the owners of a servient estate “may not unilaterally modify or reduce [a] right-of-way in a manner or extent that is inconsistent with the intention of the parties as gleaned from the language of the deed granting the right-of-way”
• stating that the owner of the servient estate may not impose an obstruction that would \prevent or interfere with the[ ] reasonable enjoyment\ of the holder of the easement
• “The grant of an easement by deed is strictly construed____ ‘[A] court should ascertain and give effect to the intention of the parties at the time the contract was made, if that be possible.’ ”

Source: CourtListener parenthetical corpus (CC0).