Henley v. Continental Cablevision of St. Lousi County, Inc. Case Brief

Summary of Henley v. Continental Cablevision of St. Lousi County, Inc. pg. 406

Facts: Servient estate filed suit against the defendant because they used their easement to put cable wires and equipment to make money from the cable company. Originally the easement was only used for telephone wires so the servient estate claimed that the easement in gross was exclusive.

Issue: May the owner of an easement license or authorize third persons to use the easement in ways that are similar to what the easement was meant to be used for anyways?

Holding: yes

Reasoning: When this easement was first created those who entered into the contract knew it would be for wires, poles, and maintenance thereof. Adding cable access is reasonable and is consistent with what the easement was originally decided to be used for. If the easement is an exclusive easement in gross then the owner can use it anyway consistent with it’s creation. There is no added burden to the servient estate.

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