Burcky v. Knowles

In 1934, Garland conveyed property with a right-of-way easement to the defendant's predecessor; in 1953, Garland conveyed an adjacent parcel and reserved an extended right-of-way, but that 1953 deed specifically stated the easement would pass to the grantor's "heirs and assigns," while the earlier 1934 deed contained no such words of inheritance. In a declaratory judgment action over easement rights, the trial court reasoned that because the 1934 deed lacked words of inheritance, it had to look to the parties' intent, and on that basis concluded the 1934 deed created only an easement in gross rather than one running with the land.