For Your Data O’Donovan V. Mcintosh Representative Brief

O’Donovan v. McIntosh representative brief summary
728 A.2d 681 (1999)

CASE SYNOPSIS

Appellants challenged an social club of the Superior Court of Cumberland County (Maine) granting partial summary judgment inwards favor of appellee together with declaring that an easement inwards gross over appellee's belongings was non assignable.

CASE FACTS
Appellant belongings possessor held an easement inwards gross over belongings owned past times appellee. Appellant belongings possessor conveyed the belongings to appellee past times warranty deed, reserving the easement for access to an following bundle of nation belonging to the appellant. Thereafter, the appellant entered into a buy understanding of the easement to appellant purchaser. Appellant purchaser filed a electrical load seeking a declaratory judgment concerning his correct to buy together with sell the easement. Appellants moved for summary judgment on the the world that the easement was transferable. Appellee objected together with filed a cross-motion for summary judgment. Appellee argued that the easement was non assignable.

PROCEDURAL HISTORY
The case courtroom agreed together with granted appellee's motion.

DISCUSSION

On appeal, the courtroom held that the easement was assignable because the parties clearly expressed that intent inwards the linguistic communication of the deed.
The courtroom reversed the judgment inwards favor of appellee.

CONCLUSION
Order of partial summary judgment was reversed because the easement inwards gross held past times appellant belongings possessor over appellee's belongings was assignable due to the limited assignment provision of the deed.

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