Eis v. Meyer

555 A.2d 994, 17 Conn. App. 664, 1989 Conn. App. LEXIS 72
Connecticut Appellate Court·Decided March 21, 1989·No. 6949·Published·Cited by 13 cases

Opinion

Foti, J.

The defendant appeals from the judgment rendered in accordance with the attorney trial referee’s report declaring an easement to be fully enforceable and issuing a permanent injunction restraining the defendant from hindering or interfering with the plaintiffs’ use and enjoyment of that easement. The dispositive issue on appeal is whether the trial court erred in failing to find that the easement terminated, by its express terms, upon the “enlargement” of the plaintiff’s home. We find error.

The parties are adjoining property owners residing on Woodbine Road in Stamford. The plaintiffs can gain access to their home via two routes: a main entrance and driveway that leads directly from Woodbine Road to the front of their house, and a right of way onto their property created by an easement that bisects the defendant’s property.

The history and terms of the creation of this easement, as found by the trial referee, are as follows: Prior to 1951, Beulah G. Barnard owned approximately thirteen acres of land on Woodbine Road. Her son, William Spiegelberg, and his family lived in the large house located on Barnard’s property. In 1951, Barnard conveyed approximately three and one-fifth acres of her property to her nephew, Charles Meyer, the defendant’s deceased husband. Thereafter, Spiegelberg acquired title to Barnard’s remaining tract of land and [666] in two separate conveyances, granted an additional two and one-fifth acres to Meyer. An easement benefiting Speigelberg’s property to use an existing driveway that crossed the defendant’s property for ordinary and reasonable use was in effect from the earliest deed. The terms of the final conveyance to Meyer in 1954 required the termination of that easement if Spiegelberg or his heirs or assigns failed to contribute one-half of the expenses for the maintenance of the driveway, or if any new building was erected or any existing building on Spiegelberg’s property was enlarged.

In 1955, Spiegelberg quitclaimed this easement to Meyer, who later restored and amended it subject to the stipulations and conditions pertaining to the original easement.1 Subsequently, Spiegelberg sold his property to a purchaser who in 1977 sold it to Hal and Shirley Eis, the present plaintiffs. At the time the plaintiffs acquired the property, they were aware of the terms and conditions of the easement. The defendant, Mary Meyer, inherited her property from her husband Charles in 1962.

[667] In 1978, Hal Eis informed the defendant of his plans to construct an addition on his house in order to extend his kitchen. The defendant did not respond or react when she was told of her neighbor’s plans. Thereafter, the plaintiffs added a 230 square foot addition to their house.

The court’s decision that the plaintiffs’ enlargement of their residence did not terminate the easement was premised on two grounds. First, it concluded that the improvements made by the plaintiff were “insignificant” and that the original parties to the agreement creating the easement had not intended to “prevent an owner from maintaining, improving, or updating the large house as the need arose.” Second, the trial court found that the defendant, by her silence, had induced the plaintiffs to proceed with the renovations in derogation of their easement rights and was, therefore, estopped from enforcing the terms of the easement. In accordance with these findings, the trial court rendered judgment declaring the easement to be in full force, and enjoining the defendant from interfering with the plaintiffs’ use and enjoyment of the driveway.

“Although in most contexts the issue of intent is a factual question on which our scope of review is limited; see, e.g., Finley v. Aetna Life & Casualty Co., 5 Conn. App. 394, 408, 499 A.2d 64 (1985), rev’d on other grounds, 202 Conn. 190, 520 A.2d 208 (1987); the determination of the intent behind language in a deed, con[668] sidered in the light of all the surrounding circumstances, presents a question of law on which our scope of review is plenary. Kelly v. Ivler, 187 Conn. 31, 39, 450 A.2d 817 (1982); Marion Road Assn. v. Harlow, 1 Conn. App. 329, 332, 472 A.2d 785 (1984).” Grady v. Schmitz, 16 Conn. App. 292, 295-96, 547 A.2d 563 (1988). When faced with a question not based on the credibility of witnesses regarding the construction of deeds, “the reviewing court does not give the customary deference to the trial court’s factual inferences.” Marion Road Assn. v. Harlow, supra. After reviewing the trial court’s findings and the express terms of easement in this case, we find that the trial court’s conclusion was erroneous.

“[A]n easement may be created which will terminate upon the happening of an event or contingency, or which maybe terminated on the occurrence, [or] breach ... of a condition . . . and the limitation or condition will ordinarily be enforced unless it is not sufficiently definite ... or is contrary to law or public policy.” 25 Am. Jur. 2d, Easements § 99; Harris v. Pease, 135 Conn. 535, 541, 66 A.2d 590 (1949). When the granting of an easement is conditioned on a particular event, the easement is automatically terminated when that event occurs. 25 Am. Jur. 2d, Easements §102.

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Eis v. Meyer, 555 A.2d 994, 17 Conn. App. 664, 1989 Conn. App. LEXIS 72 (Colo. Ct. App. 1989).

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