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Millbrook Hunt, Inc. v. Smith

Supreme Court of New York, Appellate Division

670 N.Y.S.2d 907 (1998)

Relevant factsFree

Millbrook Hunt (Hunt) (plaintiff), a fox-hunting preservation organization, held a 75-year "Lease and Easement Agreement" with the predecessor of Edgar Smith (defendant), granting Hunt the right to use Smith's 285-acre property for fox hunting, while reserving the landowner's right to develop the land and redirect hunting paths. Smith, who personally opposed fox hunting after acquiring the property, ejected Hunt members performing trail maintenance, and Hunt sued for a declaration that it held an easement and an injunction against interference; Smith argued Hunt held only a revocable license, but the trial court ruled for Hunt, and Smith appealed.

IssueFree

Whether the grant of an interest in land typically constitutes an easement if it is for some definite period of time.

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