Morrell v. Rice

The Morrells (plaintiffs) own peninsula-tip land accessible only by crossing the adjoining Rice (defendant) property, a tidal marsh, or (with expensive dredging, and only seasonally) by sea; both parcels were once owned by the Given family, whose 1810 deeds conveyed the Morrell parcel to one relative and the Rice parcel to another, both recorded the same month. The trial court found an easement by necessity across the Rice property, including rights to install underground utilities, but restricted the easement to serving only a single-family residence; the Rices appealed the easement finding generally, and the Morrells cross-appealed the single-family-residence restriction.