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Easements - Ways Appurtenant- Requirement Of Contiguity
Easements - Ways Appurtenant- Requirement Of Contiguity
Michigan Law Review
The respondent, in a proceeding to register title, claimed a right of way appurtenant over the land of the petitioner. The tracts in question were separated by a strip of plowed land belonging to a third party and it was argued that, since one terminus of the way did not touch on the respondent's land, the claim should be denied. Held, however, that the way was appurtenant to the close even though the servient estate was not adjacent to the dominant. Jones v. Stevens (Mass. 1931), 177 N.E. 91.
Mechanics' Liens - Property Subject To Liens - Easements
Mechanics' Liens - Property Subject To Liens - Easements
Michigan Law Review
The Ford Motor Company held a right of way across certain railroad tracks from a street to its plant, and contracted with B to build an underpass and grade separation from the street and under the tracks. Before full performance, the Ford Company discharged B and completed the work itself. Numerous materialmen claimed mechanics' liens for supplies furnished B. Held, the right of passage was an easement appurtenant to the Ford plant and not lienable as such, because severance from the dominant estate would extinguish the easement. A lien on the underpass as a building on the land of …