Granite Properties Limited Partnership v. Manns pg. 377
Author: Lynn

Facts: The servient estate (taken advantage of) was the owner of a driveway used by the dominant estate (taking advantage).  The dominant estate owned a shopping center that utilized the driveway for unloading and trash pick-up behind the stores.  The servient estate realized that these trucks and cars were driving on his property and put a stop to it.

Procedure: This is an appeal by the defendants after the district court granted the Plaintiff relief to enjoy the driveways.

Issue: Whether, in conveying that potion of its property now owned by the defendants, the plaintiff retained easements by implication over the driveways in question.

Holding: Yes, easements retained.

Reasoning: The easement implied from a prior existing use, often characterized as a “quasi-easement,” arises when an owner of an entire tract of land or of two or more adjoining parcels, after employing a part thereof so that one part of the tract or one parcel derives from another a benefit or advantage of an apparent, continuous, and permanent nature, conveys or transfers part of the property without mention being made of these incidental uses.  The court found that (1) the driveways in question had been used by the dominant estate owner or its predecessors in title since the respective properties were developed, (2) the driveways were permanent in character, being either rock or gravel covered, and (3) the servient estate owners were aware of the driveways' prior uses before they purchased the parcel.  The easement must be 1) common ownership 2) easement must have been used in an apparent, obvious, continuous, and permanent way before the property was transferred 3) necessary and beneficial

Decision: Judgment affirmed.