Finn v. Williams Case Brief

Summary of Finn v. Williams pg. 384

Facts: Williams owned a tract of land and conveyed part of his land to another man. The plaintiffs then acquired title to this land. Plaintiff charge that the nearest and ONLY available means of egress from and ingress to their land to the highway is though the defendants land. The defendant, Williams, did not want to allow them to use the driveway.

Issue: Whether or not there is a necessity here that would allow the plaintiffs to obtain an easement.

Holding: yes

Reasoning: An easement of necessity arises when an owner of land conveys to another an inner portion, which is entirely surrounded by lands owned either by the grantor or the grantor plus strangers. Unless a contrary intent is manifested, the grantee is found to have a right of way across the retained land of the grantor for ingress and egress from the land locked parcel.

Decision: Easement granted.

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