Consolidated Rail Corp. v. Lewellen
Supreme Court of Indiana
682 N.E.2d 779 (1997)
Relevant factsFree
Conrail (defendant) held century-old deeds granting only a right-of-way easement, not a land transfer, over property for railroad use; after gradually decreasing use, Conrail eventually discontinued all rail service and physically removed its tracks and signals. Landowner Pam Lewellen and others (plaintiffs) sued to quiet title, claiming the easement was abandoned, and both the trial court and court of appeals agreed.
IssueFree
Whether an easement will be considered abandoned if it is no longer in use and there is an indication that the easement is abandoned.