Khalil v. Motwani

871 A.2d 96, 376 N.J. Super. 496
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 17, 2005
StatusPublished
Cited by4 cases

This text of 871 A.2d 96 (Khalil v. Motwani) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Khalil v. Motwani, 871 A.2d 96, 376 N.J. Super. 496 (N.J. Ct. App. 2005).

Opinion

871 A.2d 96 (2005)
376 N.J. Super. 496

Mike KHALIL, Plaintiff-Appellant,
v.
Naresh and Anita MOTWANI, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Argued January 5, 2005.
Decided March 17, 2005.

*97 Mike Khalil, appellant, argued the cause pro se.

Naresh Motwani, respondent, argued the cause pro se.

Before Judges WEFING, PAYNE and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we hold that tenants of property benefited by an easement over a neighbor's property were entitled to use the easement, even though "tenants" were not expressly referred to in the instrument that created the easement, and we likewise hold that tenants have the right to sue to enforce this right. As a result, we reject the trial judge's determination that a tenant — here, plaintiff Mike Khalil — did not have standing to sue, but we conclude that the property owners burdened by this easement — defendants Naresh and Anita Motwani — were, and are, under no obligation to remove snow from the easement and were, and are, only obliged to avoid doing anything in the enjoyment of their property that would unreasonably obstruct or hinder the beneficiaries' use of the easement. Accordingly, we affirm the judgment that dismissed the complaint, but for reasons other than those relied upon by the trial judge. See Isko v. Planning Bd. of Livingston Tp., 51 N.J. 162, 175, 238 A.2d 457 (1968).

I

In 1962, the prior owners of 34 Grunauer Avenue, Saddle Brook, now owned by defendants Motwani, granted to the prior owners of the adjacent 28 Grunauer Avenue, by way of a written and recorded instrument, an easement "for the purpose of freely passing on foot or with animals, vehicles, through and over" a portion of 34 Grunauer Avenue to Claremont Avenue.[1]

Khalil is a tenant in one of three apartments contained within the structure located at 28 Grunauer. By way of this Special Civil Part action, Khalil sought damages for having allegedly cleared snow within *98 the easement over the course of three years. He sought damages of $2,300, an amount that included the purchase of a snowblower ($399), the cost of gas ($199), and his "pain and suffering." During a non-jury trial, the judge heard the testimony of the parties as well as other tenants of 28 Grunauer. At its conclusion, the judge held that since Khalil was not the owner, but only a tenant, he had no standing to seek relief from defendants concerning this easement and dismissed the complaint.

II

While our jurisprudence is replete with decisions interpreting instruments that convey property interests and decisions defining the rights of parties that are burdened or benefited by easements, we are unaware of any decisions that define the scope of beneficiaries that may sue to enforce the terms of an easement.

In considering this matter of first impression, we agree with the American Law Institute's logical view that, in general, standing to sue to enforce the use of an easement is commensurate with the right to use the easement, regardless of whether the suitor holds title to the benefited property:

A person who holds the benefit of a servitude under any provision of this Restatement has a legal right to enforce the servitude. Ownership of land intended to benefit from enforcement of the servitude is not a prerequisite to enforcement....
[Restatement (Third) of Property: Servitudes, § 8.1 (2000).]

While our courts have not previously discussed this issue, we can see no reason to depart from the common sense position that the right to benefit from an easement includes the right to sue to enforce that right. In so holding, we fall in alignment not only with the American Law Institute, but also with other jurisdictions that have considered the same problem. See Coggeshall Dev. Corp. v. United States, 23 Cl.Ct. 739, 743 (1991); Shore Exploration and Prod. Corp. v. Exxon Corp., 976 F.Supp. 514, 523 (N.D.Tex.1997); Turner Adver. Co. v. Garcia, 252 Ga. 101, 311 S.E.2d 466, 468, cert. denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984); Old Dominion Iron & Steel Corp. v. Virginia Elec. & Power Co., 215 Va. 658, 212 S.E.2d 715, 721 (1975); see also 3 Powell on Real Property ¶ 405 at 34-23 (1990). In circumstances analogous to the matter before us, the court in Old Dominion held that a lessee had standing to enforce the terms of an easement that benefited the leased premises.

The only imaginable repercussion arising from an expansive view of the class of potential suitors beyond property owners in this setting is the potential for multiple suits and conflicting results. Notwithstanding, we would anticipate that future litigants, and our courts, will be mindful that other interested persons beyond the named parties ought to be provided with notice of such a suit. Otherwise, what we view as a common sense approach to standing may be troubled by the possibility that issues concerning the meaning, scope or enforceability of an easement could be adjudicated without the involvement of all interested parties.

III

Since we have held that the right to sue in this circumstance is commensurate with the suitor's right to benefit from the easement, we must determine whether Khalil has the right to use this easement. As suggested by § 8.1 of the Restatement, supra, the granting of a right to the benefits of an easement is the product of the *99 intent of the parties to the conveyance. Beyond that, the extent to which that benefit may apply is not easily defined. Rather, it has been recognized that:

[t]here is wide diversity in the types of land-use arrangements that can be implemented by servitudes. Depending on the nature and object of the arrangement, the parties may create servitudes whose benefits will be held personally, in gross, or appurtenant to another interest in land. They may create benefits to be held successively, first as an appurtenance to land, then, after the holder has parted with the interest to which it was appurtenant, to be held in gross. The parties may create servitude benefits to be held by many different holders in different capacities, concurrently and successively. In determining what the parties intended, the full range of possibilities should be kept in mind.... [T]here are no limits on the kinds or combinations of servitude benefits that can be created.
[Restatement, supra, § 2.6 comment c.]

Whether Khalil, a tenant, is entitled to benefit from the easement turns on our interpretation of the language of the instrument that created the easement, as well as the common human impulses that were undoubtedly at play in its creation.

While the record suggests that defendants never attempted to preclude Khalil, or any of the other tenants of 28 Grunauer, from using the easement over the course of the last few years, that would only suggest, standing alone, that the tenants had been afforded a license to use the easement. That does not necessarily mean that Khalil had a legal right to its use. Indeed, the existence and extent of Khalil's right to use the easement has been indirectly challenged by defendants' resistance to Khalil's claim.

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871 A.2d 96, 376 N.J. Super. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khalil-v-motwani-njsuperctappdiv-2005.