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Cox v. Glenbrook Company Case Brief

Summary of Cox v. Glenbrook Company pg. 400

Facts: Glenbrook sold land and gave the owner an easement appurtenant to the land.  The owner then sold to Cox who planned to divide the land into lots and make it a nice neighborhood.  The neighborhood would have access to the easement road but it was a dirt, one-way road.  Cox wanted to make this a two-way paved road but Glenbrook refused. Cox sued.

Procedure:  Trial court determined that the easement was limited.  Dominant estate (Cox) appealed.

Issue: Whether or not an easement can be improved and widened.

Holding: The easement is limited in certain aspects.

Reasoning: The district court erred in not allowing developers to maintain or repair or improve the road.  However, they are not allowed to widen the road.  The servient estate could barricade the other road because it had a right to move roads according to the easement.  The case would have to be remanded to see if it would cause an unreasonable burden upon the servient estate (Glenbrook) to allow the proposed way of uses.

Decision: Modified and remanded.



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