CARIBBEAN HOUSE, INC. VS. NORTH HUDSON YACHT
CLUB AND THE RIVER PALM TERRACE
A-3857-11T1
A-4784-11T1 (CONSOLIDATED)
We review two orders restricting the use of a deeded
access easement granted to defendant owner of the dominant
estate when plaintiff's servient estate was subdivided, and
plaintiff sold the land-locked dominant estate to
defendant. Because we conclude that the use of the
easement to which the owner of the servient estate objected
benefitted only the dominant estate to which the easement
is appurtenant, notwithstanding the ancillary value the
arrangement provided to a third-party, we reverse. 12/30/13
CLUB AND THE RIVER PALM TERRACE
A-3857-11T1
A-4784-11T1 (CONSOLIDATED)
We review two orders restricting the use of a deeded
access easement granted to defendant owner of the dominant
estate when plaintiff's servient estate was subdivided, and
plaintiff sold the land-locked dominant estate to
defendant. Because we conclude that the use of the
easement to which the owner of the servient estate objected
benefitted only the dominant estate to which the easement
is appurtenant, notwithstanding the ancillary value the
arrangement provided to a third-party, we reverse. 12/30/13
