[DOWNLOAD] "Robert L. Edgell and David A. Shevock v." by Sussex County Court of Chancery of Delaware ~ Book PDF Kindle ePub Free
eBook details
- Title: Robert L. Edgell and David A. Shevock v.
- Author : Sussex County Court of Chancery of Delaware
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
HARTNETT, Vice Chancellor This action concerns private driveway easements in Dewey Beach, Sussex County. The easements cross the lands of the plaintiffs and give defendants (Divver) access to their adjacent lands. Plaintiffs seek to have this Court extinguish these easements or compel their relocation. Both parties seek summary judgment on the stipulated facts. A review of the record shows that plaintiffs have failed to show any legal basis for extinguishing or changing the location of the easements. The easements were created by deeds, recorded in 1953 and 1961, which describe the easements with sufficient particularity to enable them to be located with certainty. A plot of the lands showing the location of the easements was recorded in 1967. The easements were all created by predecessors in title to the parties in this action and the plaintiffs acquired title to their lands in 1976 and 1977. At the time these easements were created the lands were primarily used for residential purposes and the Divvers' parcels still maintain this use and character. The lands of the plaintiffs, however, are presently zoned for general commercial use, although they are not presently so used.