People v. Elabbar

How courts have described this case

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

• holding use of right-of-way as recreational trail was within scope of railroad easement
• considering definitions of the railroad term “right of way” as used in other jurisdictions for purposes of interpreting parties’ rights under a deed
• construing a grant of an easement in general terms as permitting use for all reasonable purposes by dominant tenement
• stating that in construing a deed, the Court of Appeals must consider the deed as a whole, viewing its language in light of facts and circumstances of the transaction at issue and the intention of the parties ascertained from whole contents of the deeds
• \[T]he primary consideration in construing the scope of an express easement is the language of the grant.\
• “non-use alone is insufficient to show an intent to abandon; there must be an act or a combination of acts that unequivocally demonstrate an intention to abandon”

Source: CourtListener parenthetical corpus (CC0).