Luevano v. Group One
Court of Appeals of New Mexico
779 P.2d 552 (1989)
In 1953, Albert Simms granted an easement across a road on his property to a group of homeowners (Group One) (defendants) and their "heirs and assignees" for rear-property access, though a separate group of neighboring landowners (Group Five) (defendants) had no such grant; when Simms's successors, John and Marilyn Luevano (plaintiffs), built a fence blocking Group Five's rear access in 1987 and sued to quiet title extinguishing that portion of the easement, Group One member William and Sophia Padilla assigned their easement rights to Group Five, and the defendants argued the "heirs and assignees" language showed Simms intended the easement to be assignable. The trial court validated the assignment and ordered the fence removed, and the Luevanos appealed.
Whether easements are presumed appurtenant, meaning they run with the land and are not assignable, unless there is clear evidence to the contrary.