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Express and implied easements over beachfront property
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Journal Article
Express and implied easements over beachfront property
2025
Overview
The trial court held a trial and issued a decision concluding that the clear and unambiguous language of the 1929 easement deed granted Davis an express easement upon the beach, and that subsequent conveyances included the easement because express easements pass by deed of the dominant tenement absent a different intention clearly appearing in the deed. The court disagreed, observing that the 1986 deed unambiguously incorporated the 1929 express easement upon the beach by conveying the property \"together with and subject to all easements, rights of way, and restrictions of record.\" Because it is well established that in any conveyance of real estate, all rights, privileges, and appurtenances belonging to the granted estate shall be included in the conveyance unless a different intention is clearly stated in the deed. According to Stephens, without a unity of ownership, there can be no implied easement.
