Henley v. Continental Cablevision of St. Louis County, Inc.

Missouri Court of Appeals

692 S.W.2d 825 (Mo. Ct. App. 1985)

The holder of an easement enjoys exclusive rights to the easement and the easement is devisable as long as the grantor does not maintain or reserve an interest in exercising the rights granted under the easement.

Relevant Facts

Trustees of the University Park Subdivision (the plaintiffs) were granted the right to construct and maintain equipment necessary to provide telephone and electric service to residents of the subdivision. The plaintiffs conveyed those easements in gross to Southwestern Bell Telephone Company and Union Electric to construct and maintain poles and wires that provided service to the subdivision residents. Continental Cablevision (the defendants) later acquired licenses from Southwestern Bell and Union Electric to use their easements, and added wires in order to transmit television service. The plaintiffs filed for an injunction seeking to require the defendant to remove the wires.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 23, 2020

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Procedural History

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Citations

692 S.W.2d 825 (Mo. Ct. App. 1985)