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Cox v. Glenbrook Co.

Supreme Court of Nevada

371 P.2d 647 (Nev. 1962)

Relevant factsFree

Glenbrook (plaintiff) granted Quill an easement "over the roads of [Glenbrook] as now located" for access to Quill's neighboring property, using a back road only wide enough for one car; after the property passed through successors to Cox (defendant), who proposed subdividing the land into a residential development and widening the back road to allow two cars to pass and to serve multiple future residents. Both parties sought a declaratory judgment on the easement's scope, and the trial court restricted the easement to single-family use of the back road as originally constructed.

IssueFree

Whether the owner of an easement appurtenant over a road "as now located" misuses the easement by widening the road to double its size.

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