Story v. Hefner

1975 OK 115, 540 P.2d 562
CourtSupreme Court of Oklahoma
DecidedJuly 22, 1975
Docket47667
StatusPublished
Cited by66 cases

This text of 1975 OK 115 (Story v. Hefner) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Story v. Hefner, 1975 OK 115, 540 P.2d 562 (Okla. 1975).

Opinions

DOOLIN, Justice.

The Apple Valley Recreational Club had its beginning in May of 1962. The Club maintained certain real estate which encompassed a large recreational lake developed by four tenants in common under the guidance of Robert Story, the defendant appellant, who initially held only an option to buy into the joint venture.

[565]*565This initial agreement was terminated in September of 1964. In November of the same year, another agreement was executed also giving Story an option to purchase into the property and included a clause stating, “It is the intention of the parties that the premises be operated for the joint benefit of the parties and that each party shall contribute his proportionate share of the cost of maintaining and operating the premises.”

In January of 1966, through the various buy-out agreements Story and Hefner, the plaintiff appellee, became sole tenants in common in the 260 acre tract.

From 1966 to 1974 Hefner and Story jointly utilized the lake for fishing and other recreational purposes. In May of 1967 the parties decided to divide the property into two individually owned tracts by the exchange of quit claim deeds. Although there was testimony that both Story and Hefner believed that the lake itself could not be divided, the new property line created by the deeds did run through and divide the lake. However, both parties continued joint use of the lake after the execution of the deeds.

Seven years after this division, Hefner brought the present action to enjoin Story from using the portion of the lake covering Hefner’s property and asked the court for a declaratory judgment declaring that the Storys had no right to use or enjoy this portion of the lake. A temporary injunction was issued and Hefner erected buoys across the lake preventing Story from entering the part of the lake that Hefner considered to be his.

Story answered and cross-petitioned claiming a right to reasonable use of the entire lake surface and asking for a permanent injunction prohibiting Hefner from interfering with his reasonable recreational use of the lake.

The trial court entered judgment for Hefner and granted each party exclusive right to the use of the lake over his own land and denied the existence of an easement or license, or riparian rights which would allow the Storys to use the entire lake. Each party was permanently enjoined from trespassing upon the other’s lake surface. The Storys appeal.

Hefner bases his claim on the unequivo-cality of the two bare quit claim deeds. Story does not deny the deeds but rather bases his defense on evidence that the consideration for the deeds was the continued use of the entire lake, since no money changed hands. Story contends that the finding of the trial court that the deeds gave each party exclusive right to the use of the lake is erroneous. We agree.

At trial, Hefner offered into evidence the two quit claim deeds which divided the property. In addition, he offered a map of the properties which showed that Story had access to all of his property without crossing the Hefner tract. Story, however, was not seeking access to or through Hefner’s dry land. His defense was based on. written and oral agreements, riparian rights and continuous recreational use that would tend to show that the intention of the parties at the time of the execution of the deeds was to allow the use of the entire lake surface to both parties, thus creating an implied easement. Story at no time sought to prohibit Hefner from using the entire lake.

Over the objections of Hefner, Story was allowed to introduce the prior agreements between the parties. His evidence also showed that after the quit claim deeds were prepared, but before they were executed, each party prepared a written separation agreement. Both agreements included a provision that would allow both parties the common use of the lake. Because of a disagreement as to other parts of the document, neither of these agreements was adopted.

Story was properly allowed to offer evidence of these prior negotiations. The presence of a provision in the tentative contracts of both parties guaranteeing each party the right to reasonable use of [566]*566the entire lake is evidence of their intention at the time of the division of the property to continue to use the lake jointly.

While we agree with Hefner that in a case of equitable cognizance a judgment will be sustained on appeal unless it is found to be against the clear weight of the evidence or is contrary to law or established principles of equity, this Court must examine the record and weigh the evidence. Nunn v. Osborne, 417 P.2d 571 (Okl.1966). Evidence of the parties intentions and the prior agreements were property admitted by the trial court and should be considered, for any competent and relevant evidence, including parol evidence, is admissible to prove an easement by implication.

An easement is the right of pne person to go onto the land of another and make a limited use thereof. Easements may be expressly created by deed or come about by necessity or prescriptive use or as in the present case may be implied into a deed.

An implied easement is a creature of common law. It is based on the theory that whenever one conveys property he includes or intends to include in the conveyance whatever is necessary for its beneficial use and enjoyment and to retain whatever is necessary for the use and enjoyment of the land retained. An easement by implication is a true easement having permanence of duration and should be distinguished from a “way of necessity” which lasts only as long as the necessity continues.

Ordinarily an easement being an interest in land requires compliance with the Statute of Frauds. However, an easement implied from pre-existing use arises ■by inference of the intention of the parties at the time of the conveyance which may be established by parol. The inference is drawn from the circumstances under which the conveyance is made rather than from the language of the deed. The implication of an easement may always be prevented by language in the deed sufficiently explicit to negate it.

To establish an easement by implication there must first be a conveyance that divides one ownership into separately owned parts. At the time of the conveyance one part of the property must be being used for the benefit of the other part, creating a quasi-easement. The use must be apparent and continuous and must be .reasonably necessary to the enjoyment of the quasi-dominant tract.

In determining whether the circumstances under which a conveyance of land is made imply an easement we must also consider whether reciprocal benefits result and the manner in which the land was used prior to the conveyance as well as the extent of the necessity for the enjoyment of the land. See 5 Restatement Property §§ 474-476, 25 Am.Jur.2d Easements §§ 24, 27-33 (1966), 28 C.J.S. Easements §§ 31, 33, 54, 69 (1966).

According to the trial record the court was aware of the aforementioned requirements for the existence of an implied easement in favor of the Storys. It recognized that all of the elements were present except for the necessity to the full enjoyment of the Story’s property. We hold that an adequate necessity does indeed exist.

The necessity requisite to the creation of an easement by implication is not an absolute necessity, a reasonable necessity is sufficient.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

PARKER v. VALLIANCE BANK
2026 OK CIV APP 5 (Court of Civil Appeals of Oklahoma, 2026)
MILLS v. FUHRMANN
2025 OK CIV APP 23 (Court of Civil Appeals of Oklahoma, 2025)
SNOW v. TOWN OF CALUMET
2022 OK 63 (Supreme Court of Oklahoma, 2022)
WIGGIN PROPERTIES v. ARCO BUILDING
2022 OK CIV APP 13 (Court of Civil Appeals of Oklahoma, 2021)
GRAND CREST OWNERS ASSOC. v. STITES
2022 OK CIV APP 16 (Court of Civil Appeals of Oklahoma, 2020)
SFF-TIR, LLC v. Stephenson
250 F. Supp. 3d 856 (N.D. Oklahoma, 2017)
MANAR v. WESSON
2016 OK CIV APP 29 (Court of Civil Appeals of Oklahoma, 2016)
McGINNITY v. KIRK
2015 OK 73 (Supreme Court of Oklahoma, 2015)
EQ OKLAHOMA, INC. v. A CLEAN ENVIRONMENT CO.
2015 OK CIV APP 62 (Court of Civil Appeals of Oklahoma, 2015)
Barrett v. Humphrey
2012 OK CIV APP 28 (Court of Civil Appeals of Oklahoma, 2012)
Public Svc. Co. v. Duncan Pub. Util. Autho.
2011 OK CIV APP 15 (Court of Civil Appeals of Oklahoma, 2010)
MANUFACTURERS GUILD, INC. v. City of Enid
2010 OK CIV APP 87 (Court of Civil Appeals of Oklahoma, 2010)
Johnson v. Suttles
2009 OK CIV APP 89 (Court of Civil Appeals of Oklahoma, 2009)
Ondis v. CITY OF WOONSOCKET EX REL. TREASURER
934 A.2d 799 (Supreme Court of Rhode Island, 2007)
Head v. McCracken
2004 OK 84 (Supreme Court of Oklahoma, 2004)
Mooney v. Mooney
2003 OK 51 (Supreme Court of Oklahoma, 2003)
Beattie v. STATE EX REL. GRDA
2002 OK 3 (Supreme Court of Oklahoma, 2002)
Beattie v. State ex rel. Grand River Dam Authority
2002 OK 3 (Supreme Court of Oklahoma, 2002)
K & K Food Services, Inc. v. S & H, INC.
2000 OK 31 (Supreme Court of Oklahoma, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
1975 OK 115, 540 P.2d 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/story-v-hefner-okla-1975.