Alft v. Stewart
Tennessee Court of Appeals
1995 WL 412876 (1995)
Relevant factsFree
Clayton's (defendant) deed to Alft (plaintiff) conveyed a right of ingress and egress over a dam and Clayton's driveway in one paragraph, while a separate paragraph expressly labeled a right to use a nearby lake as personal and non-transferable; when Alft tried to sell the land, Clayton objected to letting the buyer use his driveway, arguing the ingress/egress right was likewise personal and non-transferable.
IssueFree
Whether an easement is presumed to be appurtenant, as opposed to personal.